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OF  THE 


UNITED  STATES 


HISTORY 


OP  THE 


UNITED     STATES 


FROM 


TO 

THE    ADMINISTRATION    OF    JAMES    BUCHANAN. 


BY 

J.    A.    SPENCER,    D.  D., 

MEMBER    OP    THE    NEW    YORK    HISTORICAL    SOCIETY,    MEMBRE    DE    LA    SOCIETE    ORIENTALS    DE    FRANCE, 

AUTHOR  OF  "EGYPT  AND  THE  HOLY  LAND,"  ETC.,  ETC.,  ETC. 


mitjr  jjigljhf  /intsjjrtr  ltd 

ORIGINAL    PICTURES    BY    LEUTZE,    WEIR,    POWELL,    CHAPPEL.  AND 
OTHER    AMERICAN   ARTISTS. 


IN    THREE    VOLUMES. 

VOLUME  II. 


ta  f0rk: 

JOHNSON,  FRY  AND  COMPANY, 

27  BEE  KM  AN  STREET. 


Entered,  according  to  Act  of  Congress,  in  the  year  1868, 

BY  JOHNSON,  FRY  AND  COMPANY, 
In  the  Clerk's  Office  of  the  District  Court  of  the  United  States  for  the  Southern  District  of  New  York. 


CONTENTS    OF    VOL.    II. 


BOOK   THIRD. 

[CONTINUED.] 

FROM  THE  DECLARATION  OF  INDEPENDENCE  TO  THE  TREATY  OF  PEACE. 


CHAPTER    V. 

1778. 
CLOSE    OF   THE   CAMPAIGN   OF    1778. 

PAGE 

Sir  Henry  Clinton  evacuates  Philadelphia 11 

The  British  and  American  forces 12 

Opinion  of  the  council  of  war 12 

Measures  taken — Washington  pursues  Clinton 12 

Battle  of  Monmouth 13 

Conduct  of  Lee — Result  of  the  battle 13,  14 

Trial  of  General  Lee — The  sentence 15 

Incident  in  the  life  of  Lee 15 

Arrival  of  the  French  fleet 16 

Sails  for  New  York,  and  to  Rhode  Island 16 

Operations  in  Rhode  Island 16 

D'Estaing's  movements — Naval  battle 17 

D'Estaing  resolves  to  leave  for  Boston 18 

Sullivan  compelled  to  retreat 20 

Washington's  letters 20,  21 

British  expedition — Bedford  destroyed 22 

Congress  receives  the  French  ambassador 22 

British  determine  on  severity 23 

Destruction  of  Wyoming — Thacher's  account 23 

Baylor's  regiment  bayonetted 25 

Pulaski's  legion  mercilessly  slaughtered 25 

Mr.  Sparks  on  the  British  course 25 

Congress  recommends  retaliation 25 

Byron  and  the  British  fleet 26 

D'Estaing  goes  to  the  West  Indies 26 

British  troops  leave  for  the  south 26 

The  army  go  into  winter-quarters 26 

Jealousies  and  dissensions  in  Congress 26 

Washington's  letter  to  Harrison 27 

Retaliation  against  the  Indians 28 

Colonel  Clarke's  expedition 29 

General  languor — Washington  in  Philadelphia  . .   30,  31 

War  carried  to  the  South 31 

Campbell  takes  Savannah — His  policy 31 

Steuben's  labors  in  disciplining  the  troops 32 

Naval  operations  at  this  date 32 


Gallant  exploits  of  Biddle,  Jones,  etc 

Adoption  of  the  Articles  of  Confederation. 


rial 

32,  33 
,     33 


CHAPTER    VI. 

1779. 
EVENTS    OF   THE   WAE   DURING    1779. 

General  Lincoln  at  the  south 

The  British  force — Addition  of  tories 

Pickcns  defeats  the  tory  banditti 

Lincoln's  movements 

Prevost  attacks  South  Carolina 

Threatens  Charleston — Lincoln  pursues  him  . 
Prevost  retreats — Battle  at  Stono  Ferry  .... 

Discreditable  attack  on  South  Carolina 

General  Matthews  in  Virginia 

Relaxation  of  national  vigor 

Washington's  struggles  against  it 

The  New  Jersey  brigade's  conduct 

Trial  to  Washington — How  settled , 

Stony  Point  taken  by  the  British 

Attack  upon  Connecticut  under  Tryon 

Brilliant  exploit  of  Wayne 

Stony  Point  taken  by  assault 

Attack  on  Fort  Lafayette  fails 

Stony  Point  abandoned , 

Expedition  against  Penobscot , 

Lee's  gallantry  at  Patilus  Hook , 

Washington's  life  at  West  Point ... 

Course  of  Congress  towards  the  Indians 

Sullivan  in  command  against  them 

Washington's  orders — Expedition  successful. . 

The  French  in  the  West  Indies 

D'Estaing  and  Lincoln  at  Savannah 

The  assault  fails — White's  stratagem 

Spain  joins  the  alliance 

Paul  Jones's  famous  naval  battle 

The  army  in  winter-quarters 

Washington's  compulsory  inactivity 


, ..  34 

34,  35 

...  35 

. .  35 

..  87 

. .  38 

38,  39 

..  39 

,..  40 

..  40 

..  41 

..  41 

41,44 

..  45 

..  46 

..  47 

..  48 

..  49 

..  49 

..  49 

..  60 

..  50 

..  51 

..  61 
51,  53 

. .  64 

. .  64 

..  56 

. .  57 

. .  58 

..  69 

,  60 


IV 


CONTENTS   OF  VOL.  II. 


Some  remarks  on  this  period 60 

Lukewarmness — Decay  of  public  virtue,  ete 61 

APPENDIX  TO  CHAPTER  VL 

Continental  Paper  Currency 64 

CHAPTER    VII. 

1780. 
THE   CAMPAIGN    OF    1780. 

Clinton  in  the  south — His  force 70 

Besieges  Charleston — Progress 71 

Lincoln  surrenders — Measures  of  Clinton 72,  73 

Cornwallis's  activity 74 

Colonel  Buford  defeated  by  Tarleton 74 

Clinton's  Proclamation — Character 75 

Cornwallis  in  command — His  plans 75 

State  of  things  at  the  south 76 

Sumpter's  exploits — Spirit  revived 77,  78 

Gates  appointed  commander 78 

The  battle  of  Camden 79 

Gates's  defeat  and  flight 81 

Greene  appointed  his  successor 81 

Ferguson  defeated  at  King's  Mountain 83 

Partisan  warfare — "  Rebel  ladies" 84 

Patriotism  of  the  women  of  those  days 84 

Lord  Stirling's  attack  on  Staten  Island 85 

The  officers  of  the  Jersey  line 85 

Knyphausen's  movements 85 

French  succors  expected 86 

Movements  to  furnish  quotas  of  troops 86 

Washington's  letter  to  Congress 87 

Patriotism  of  the  Philadelphians 87 

Washington's  embarrassments 87 

Arrival  of  the  French  fleet 88 

Commander-in-chief  disappointed 88 

The  traitor  BENEDICT  AUNOLD 89 

Causes  which  led  to  his  treachery 90 

Andr6  and  his  capture 91,  92 

Arnold's  escape — Discovery  of  his  treason 93,  94 

Andre's  trial  and  condemnation 95 

Dr.  Thacher's  account  of  the  execution 96 

Washington's  views  on  the  subject 97 

Remainder  of  the  campaign 98 

APPENDIX  TO  CHAPTER  VIL 


I.  "  The  Cow  Chace,"  by  Andr6  . . 
IL  Sergeant  Champe's  Adventures. 


99 

102 


CHAPTER    VIII. 

1781. 
THE    DECISIVE    TEAR    OF   THE   WAR, 

The  armed  neutrality 109 

England  at  war  with  Holland 110 

Contest  of  European  powers 110 

Depressed  condition  of  affairs 110 

Robert  Morris — Foreign  loans 111,112 

Mutiny  of  the  Pennsylvania  line 11-2 

Followed  by  the  New  Jersey  troops 1 1 :5 

Punishment  inflicted .  113 


PiOI 

Arnold  in  Virginia — Plan  to  take  him 113,  114 

Lafayette  in  command 115 

Greene  in  Carolina — His  policy 116 

Morgan's  detached  force 117 

Battle  of  the  Cowpens — Brilliant  victory 118,  119 

Morgan's  retreat 120 

Greene  in  command — Celebrated  retreat 120 

Battle  of  Guilford  Court  House 123 

Greene  in  pursuit  of  Cornwallis 124 

Cornwallis  proceeds  to  Virginia 124 

Leaves  Rawdon  in  command 124 

Battle  of  Hobkirk's  Hill 124 

Success  of  the  Americans 125 

Rawdon  retires  to  Monk's  Corner 126 

Pickens  and  Lee  in  Georgia 126 

Greene  against  Ninety-Six 127 

Rawdon  compels  him  to  retire 127 

Rawdon's  cruelty  to  Hayne 128 

Battle  of  Eutaw  Springs 129 

Virtual  close  of  the  contest 131 

Cornwallis  in  Virginia 132 

Lafayette  in  command  of  the  troops 132 

Movements  of  Cornwallis — Lafayette's  activity  ....  134 

Cornwallis  encamp?  at  Yorktown 135 

The  French  fleet 136 

Washington's  plans  against  New  York 136 

Clinton's  blunder — Washington's  letter 137 

Cornwallis  besieged 137 

Arnold's  plundering  in  Connecticut 140 

Progress  of  the  siege  of  Yorktown 141 

Cornwallis  surrenders 144 

Exultation  of  the  Americans 145 

Lafayette  returns  to  France 145 

Laurens  released  from  the  Tower 146 

CHAPTER    IX. 

1782-1783. 
CLOSING    OF   THE    REVOLUTIONARY    WAR. 

Proceedings  in  Parliament 147 

Mr.  Oswald  sent  to  Paris 148 

Carleton  sent  to  the  United  States 148 

Attempts  towards  a  peace 148 

Washington  urges  preparations 148 

Financial  matters 149 

The  case  of  Captain  Iluddy 149 

Washington  urged  to  become  a  king — Reply 150 

Army  to  be  reduced — Discontents 152 

Affairs  at  the  south 153 

General  Greene's  operations 153 

Departure  of  the  French  troops 154 

Causes  of  discontent  in  the  armv 155 

Negotiations  conducted  by  Franklin,  Jay,  and  Adams  155 

Count  Vergcnnes'  complaints 156 

Officers'  petition — Feeling  in  Congress 157,  158 

The  Newburg  Addresses 158 

Washington's  noble  conduct 159 

Washington  advocates  the  army's  cause 1  CO 

Cessation  of  hostilities.  .  .    160 


CONTENTS   OF  VOL.   II. 


Good  conduct  of  the  army 161 

Mutiny  of  some  new  Pennsylvania  levies 101 

The  Society  of  the  Cincinnati 161 

The  Delinitive  Treaty  of  Peace 1C2 

The  army  disbanded 107 

Washington's  farewell  orders 167 

Evacuation  of  New  York 168 

Washington's  parting  with  the  officers 168 


Resignation  of  his  commission 169 

APPENDIX  TO  CHAPTER  IX. 

I.  "  Men  and  Times  of  the  Revolution" 170 

II.  The  Newhurg  Addresses 171 

III.  Washington's  Address  to  the  officers 173 

IV.  Washington's  Circular  Letter  to  the  Gover 

nors  175 

V.  Resignation  of  Washington's  commission. ...  180 


BOOK    FOURTH. 

FROM   THE   TREATY   OF   PEACE   TO   THE   END   OF   ADAMS'S  ADMINISTRATION. 


CHAPTER    I. 

1783-1786. 
THE   THREE    YEARS    AFTER   THE   WAR. 

Sad  condition  of  affairs 186 

Articles  of  Confederation  inefficient 186 

State  jealousies 187 

Revenue  system  of  1783 188 

Congress  ask  for  additional  powers 188 

Powers  refused — New  York  strongly  opposed 190 

Foreign  commercial  relations — Treaties  desired. . . .  190 

Mr.  Pitt's  bill — Favorable  to  the  Americans 191 

Not  adopted  by  Parliament 192 

Congress  ask  power  on  the  subject  of  commerce  . . .  193 

Disputes  with  England  on  treaty  of  peace 193 

Difficulties  of  the  question 194 

John  Adams  minister  to  England 194 

Jijn"ei  son  sent  to  France 195 

Course  of  the  British  court 195 

Adams's  efforts  ineffectual 196 

Jay's  report  on  various  papers 196 

Adams  returns  home 197 

Difficulties  with  Spain — Jay's  negotiations 197 

Excitement  about  the  Mississippi 198 

Washington's  interest  in  public  affairs 199 

Discordant  state  legislation 201 

Lands  ceded  to  the  United  States 201 

Ordinance  of  1787 202 

Abstract  of  its  provisions 203 

Its  importance  in  our  history 204 

Marshall  on  the  two  parties 204 

Measures  in  Virginia  respecting  trade 205 

Commissioners  at  Annapolis 205 

Their  important  recommendation 206 

APPENDIX  TO  CHAPTER  L 

Ordinance  of   1787  for  the  Government  of  the 

North-western  Territory 206 

CHAPTER    II. 

1787. 
THE   FEDERAL    CONVENTION   AND    ITS   WORK. 

Virginia  and  the  Federal  Convention. 210 

The  resolution  of  Congress 210 

Shays's  insurrection  in  Massachusetts 212 


Action  in  Congress — Washington's  apprehensions  21 2, 213 

Lincoln  in  command  in  Massachusetts 214 

The  rebellion  suppressed 215 

Necessity  of  the  convention 215 

Washington  on  the  Virginia  delegation 216 

The  convention  assembles  in  May 217 

Randolph  and  the  "  Virginia  Plan" " .  218 

Patterson  and  the  "  Jersey  Plan" 220 

Debates  in  the  convention 220 

Arrangement  as  to  the  several  powers,  etc 221 

Franklin's  motion  for  daily  prayers 222 

Compromise  arrangements 223 

Letter  of  Washington 225 

THE  CONSTITUTION  OF  THE  UNITED  STATES 226 

APPENDIX  TO  CHAPTER  II. 

I.  Hamilton's  plan  of  government 237 

II.  List  of  members  of  the  Federal   Convention 

which  formed  the  Constitution 239 

CHAPTER    III. 

1787-1788. 
THE    ADOPTION    OF    THE   CONSTITUTION. 

Constitution  to  be  submitted  to  the  people 240 

Opposition  expected — Feelings  aroused 240,  241 

Marshall  respecting  the  FEDERALIST 241 

Most  of  the  states  act  promptly 241 

Position  of  the  two  parties 241 

Action  in  several  of  the  states 242 

Convention  of  Massachusetts 242 

Amendments  proposed — Speech  of  Fisher  Ames  . . .  243 

Convention  in  New  Hampshire 244 

Virginia  Convention — Eminent  men  in  it 244 

Patrick  Henry's  speeches 245 

Randolph's  and  Madison's  views 248,  249 

Convention  in  New  York — Amendments  proposed  .  252 

North  Carolina  Convention 253 

Statesmen  of  that  day  on  this  subject 254 

Franklin's  and  Washington's  letters 254 

Congress  take  steps  to  organize  the  new  government  256 
APPENDIX  TO  CHAPTER  IIL 

I.  Debates  in  the  Virginia  Convention 257 

IL  Justice  Story  on  the  Constitution 258 

III.  The  Convention  and  the  Constitution 258 


CONTENTS   OF  VOL.   II. 


CHAPTER    IV. 
1789. 

ORGANIZATION    OF   THE   FEDERAL    GOVERNMENT. 

PAGK 

"Washington  the  nation's  choice 262 

His  reluctance  to  accept  the  charge 263 

Able  men  sent  to  Congress 264 

Washington  unanimously  elected 264 

John  Adams  elected  vice-president 264 

Washington's  letter  to  Knox 265 

His  journey  to  New  York — Incidents 265,  2(56 

Entrance  into  New  York 266 

Ceremonies  of  the  inauguration — Touching  scene. .  267 

Washington's  Inaugural  speech 268 

Answers  of  Congress — Visiting  arrangements 271 

President's  anxiety  as  to  affairs 271 

Subject  of  revenue  in  Congress 273 

Debate  on  Madison's  plan 274 

Executive  departments  established 274 

Debate  on  power  of  removal — How  decided  . .   274,  275 

Views  of  Hamilton,  Story,  and  others 276 

Amendments  to  Constitution — Twelve  adopted  ....  278 

National  judiciary  established 278 

Debate  as  to  the  seat  of  government,  etc 278 

The  president's  cabinet 280 

John  Jay,  chief  justice — His  associates 280 

Public  credit — Hamilton's  plan 281 

Day  of  thanksgiving  appointed 281 

Close  of  the  session  of  Congress 281 

CHAPTER    V. 

1789-1791. 
ACTION    OF   THE    FIRST    CONGRESS. 

Washington  visits  New  England 282 

North  Carolina  joins  the  Union 283 

Congress  reassembles — Washington's  speech 283 

National  debt — Hamilton's  report 284 

Plan  proposed — Debate  on  the  subject 284,  285 

Discussion  on  assumption  of  state  debts 286 

Question  settled  by  compromise — Plan  adopted.  . . .  289 

Measures  to  pay  national  debt 291 

Dr.  Franklin's  death 292 

Rhode  Island  joins  the  Union 292 

Foreign  influence  over  the  Indians 293 

Treaty  of  pence  with  the  Creeks 293 

Gouverneur  Morris  and  the  English  ministry 294 

Result  of  Mr.  Morris's  labors   294 

Acts  of  third  session — Washington's  speech 295 

Tax  on  ardent  spirits — Sharp  debate 295 

Bill  to  incorporate  United  States  Bank  . 295 

Question  of  constitutionality — Bill  passed 296 

Object  of  the  Bank,  its  capital,  etc 296 

Debate  in  the  cabinet 297 

Vermont  admitted  into  the  Union 297 

The  census  of  1790 297 

Session's  close — Marshall's  remarks 298 

APPENDIX  TO  CHAPTER  V. 

Was,  or  was  not,  the  creation  of  the  Bank  of  the 

United  States,  a  constitutional  act  ? 299 


CHAPTER    VI. 

1791-1793. 
CLOSE  OF  WASHINGTON'S  FIRST  TERM  OF  SERVICE. 

PiOE 

Washington's  visit  to  the  southern  states 303 

Opening  speech  to  Congress 304 

St.  Clair  against  the  Indians 305 

Apportionment  of  Representatives 305 

Washington's  veto 306 

Additional  troops  and  supplies  necessary 306,  307 

Hamilton's  recommendation 307 

Ministers  to  foreign  courts 307 

Differences  between  Jefferson  and  Hamilton 308 

Marshall's  account — Other  causes 309,  310 

The  press  used  by  both  sides 310 

Washington's  attempt  to  reconcile  them 311 

Opposition  to  the  laws  laying  duties 311 

Mr.  Hammond,  minister  from  England 311 

Efforts  to  make  peace  with  the  Indians 312 

Second  session — Washington's  speech 312 

Hamilton  called  on  for  report 313 

Mr.  Giles's  resolutions — Hamilton's  rejoinder  . .   313,  314 

Resolutions  rejected — Other  business 314 

Washington  urged  to  serve  for  a  second  term 315 

Letters  to  him  from  Jefferson  and  others 315 

Washington  unanimously  re-elected 315 

John  Adams  re-elected 315 

State  of  parties  in  Congress 316 

Effects  of  French  Revolution  on  United  States 316 

CHAPTER    VII. 

1793-1794. 
TRIALS    OF   THE    ADMINISTRATION. 

Washington  enters  upon  his  second  term 317 

Neutrality  the  true  policy  of  the  United  States  ....   318 

Questions  to  the  cabinet — Answers 318 

Proclamation  of  neutrality — Importance 318,  319 

Party  assaults  on  Washington 319 

Genet,  French  minister — Instructions 319 

Genet's  arrival  at  Charleston 320 

Reception  by  Washington 320 

British  minister's  complaints 320 

Washington  determined  to  sustain  the  neutrality  . .    323 

The  case  of  Le  Petit  Democrat 323 

Genet's  violent  course — Jefferson's  reply 323,  324 

Genet's  recall  requested — References 324,  325 

Relations  with  England — Causes  of  complaint 325 

Algerine  piracies — Relations  with  Spain 326 

Third  Congress  assembles,  December,  1793 327 

Washington's  opening  speech — Contents 327,  328 

Message  respecting  foreign  relations — Answers  ....  329 

Message  respecting  Spanish  difficulties 330 

Jefferson's  report  on  commerce — Its  statements  ....   331 
Madison's  resolutions — Debate  in  the  House. . .   331,  332 

Naval  force  recommended  by  the  president 333 

Probability  of  a  war  with  England 333 

England  not  desirous  to  push  matters 335 

Washington  determines  on  peace  if  possible 336 

John  Jay  appointed  to  England 836 


CONTENTS  OF  VOL.   II. 


vii 


Non-intercourse  bill  passed  in  the  House 337 

Defeated  in  the  Senate 337 

The  country  placed  in  a  state  of  defence 337 

Course  of  the  opposition — Congress  adjourns. .   338,  339 

James  Monroe  minister  to  France 339 

APPENDIX  TO  CHAPTER  VIL 

I.   Questions  of  Washington  to  his  cabinet. ....   340 
IL  J.  Q.  Adams  on  Washington's  proclamation  of 

neutrality 340 

ILL  Fisher  Ames  on  Madison's  resolutions 343 

CHAPTER    VIII. 

1794-1796. 
JtrRTIIER   TRIALS    OF   THE   ADMINISTRATION. 

Intrigues  of  the  French  in  the  west 347 

General  Wayne  against  the  Indians 348 

Opposition  to  excise  laws — Outrage  on  officers  ....  350 

Washington  calls  out  the  militia 351 

Army  marches  into  the  disaffected  region 353 

Washington's  speech  to  Congress — Contents. . .   354,  355 

Answers — Proceedings  in  Congress 355,  356 

Hamilton's  report  on  public  credit,  etc 357 

His  propositions — Result — Resignation 357-359 

Third  Congress  ends 360 

Treaty  with  England  negotiated  by  John  Jay 361 

Principal  features — Senate  agree  to  ratify  it. . .   361-863 

A  Virginia  Senator  publishes  it 363 

Intense  excitement — Public  meetings 364 

Washington's  letter  to  the  selectmen  of  Boston  ....  365 

Abuse  heaped  on  the  president 365 

Sparks's  remarks — Randolph's  resignation 366 

Wayne's  treaty  with  the  Indians 367 

Substance  of  the  treat}'  with  Spain 367 

Peace  with  the  dey  of  Algiers 368 

Washington's  opening  speech  to  Congress 369 

Measures  recommended — Answers 369,  370 

Monroe's  mission  to  France 370 

Adet,  minister — Presents  French  colors 370 

Washington's  reply  to  his  speech — Adet's  complaints  37 1 

Washington  proclaims  the  British  treaty 372 

Course  taken  by  the  House — Debate 372 

Washington  refuses  the  call  for  papers 873 

Opposition  to  passing  laws  concerning  treaty 374 

Celebrated  debate — Fisher  Ames's  speech 376 

Settlement  of  the  question — Session  closed  ....  376,  376 
APPENDIX  TO  CHAPTER  VIII. 

Fisher  Ames's  speech  on  the  British  treaty 376 

CHAPTER    IX. 

1796-1797. 
CLOSE  OF  WASHINGTON'S  PUBLIC  LIFE. 

Conduct  of  the  French  government 384 

Complaints  of  the  Directory — Retaliation  resolved  .  385 

Adet  in  the  United  States  and  Monroe  in  France. . .  386 

Intrigues  of  Spain  in  the  west 886 

Monroe's  views  and  course — Washington  dissatisfied  386 

Pinckney  appointed  in  Monroe's  place 886 


Conduct  of  the  Directory  towards  Pinckney 387 

Monroe's  leave-taking 387 

Washington's  determination  not  to  serve  as  presi 
dent  a  third  term 389 

His  noble  FAREWELL  ADDRESS 389 

How  received  throughout  the  country 401 

Candidates  for  the  presidency — Ardent  struggle  401,  402 
Adet's  insolent  interference — Extract  from  his  letter  402 

Washington's  speech  to  Congress — Contents 403 

Touching  conclusion  of  the  speech 404 

Depredations  upon  American  commerce 404 

Message  on  relations  with  France 404 

John  Adams  elected  president 405 

Jefferson  elected  vice-president 405 

Washington's  course  as  to  calumnies 406 

A  review  of  his  administration 408 

APPENDIX  TO  CHAPTER  IX. 

I.  The  Mazzei  Letter 410 

II.  Mr.  Gibbs  on  Washington's  Retirement  into 

Private  Life 410 

CHAPTER    X. 

1797-1798. 
THE    FIRST    YEAR    OF    ADAMS'S    ADMINISTRATION. 

Inauguration  of  John  Adams 413 

Inaugural  Address — His  cabinet 413,  418 

French  depredations  on  American  commerce 418 

Special  session  of  Congress — President's  speech  ....  419 

Pinckney,  Marshall,  and  Gerry,  envoys  to  France. .  419 

Answers  to  president's  speech — Acts  passed 419 

Course  of  Talleyrand  and  the  Directory 420 

Course  of  the  American  ministers 421 

Congress  reassembles  in  November,  1797 422 

Speech  of  the  president 422 

X.  Y.  Z.  papers — Excitement  produced 423 

Measures  of  Congress  for  retaliation 424 

Provisional  army  authorized 424 

Washington's  interest  in  public  affairs 425 

Appointed  commander-in-chief. 426 

Extracts  from  his  letters 425,  426 

The  Navy  department  established 427 

Treaty  with  France  abrogated 427 

Alien  and  sedition  laws 428 

Jefferson's  letter  on  the  republican  party 428 

Provisions  of  alien  act  and  sedition  law 429 

Sedition  law  objectionable 430 

John  Quincy  Adams's  remarks 431 

Activity,  etc.,  of  Congress 431 

APPENDIX  TO  CHAPTER  X. 

I.  Harper's  Speeches 432,  436 

IL  Livingston's  Speech  on  the  Alien  Bill 439 

CHAPTER    XI. 

1798-1799. 
EVENTS   OF   THE   YEARS    1798    AND    1799. 

Jefferson's  and  Madison's  plans 444 

Kentucky  and  Virginia  Resolutions 444 


CONTENTS  OF  VOL.   II. 


r»r,» 

444 
449 
450 
451 
451 
452 
453 
453 
455 
457 
458 
459 
459 
460 
461 
462 
463 
464 
464 
464 
466 
466 
467 

467 


The  doctrine  of  nullification  asserted 

Resolutions  in  full — J.  Q.  Adams's  statements  .   444, 

Virginia  Resolutions 

Congress  in  session 

Opening  speech  and  answers  of  the  two  Houses. . . . 

Washington's  embarrassments 

Washington's  activity  and  zeal 

Pickering's  review  of  the  French  mission 

Truxtun's  victory 

Financial  matters — State  of  public  affairs 456, 

President's  course — Probable  causes 457, 

Nomination  of  a  third  embassy  to  France 

Vans  Murray's  name  sent  to  the  Senate 

Departure  of  the  envoys  delayed 

Adams's  letter  quoted 

Fatal  result  to  the  federal  party 

Fries's  insurrection — Case  of  Robbins  or  Nash .   462, 

Intercourse  with  St.  Domingo 

Treaty  with  Prussia 

Proceedings  in  the  Kentucky  legislature 

Madison  in  the  Virginia  legislature 

Sixth  Congress — President's  speech 

Session  interrupted  by  the  death  of  Washington  . . . 
APPENDIX  TO  CHAPTER  XI. 
Madison's  Letter  on  the  subject  of  Nullification . . 

CHAPTER  XII. 

1799. 
THE    DEATH    AND    CHARACTER    OF    WASHINGTON. 

Washington's  deep  interest  in  public  affairs 473 

Not  permitted  to  see  peace  with  France  restored. . .  473 

Expired  on  night  of  December  14th,  1799 474 

Marshall's  touching  speech 475 

Resolutions  adopted  by  Congress 478 

Funeral  ceremonies — General  Lee's  discourse. .  478,  479 

Universal  mourning — Tributes  to  his  memory 481 

Delineations  of  his  character 481 

Tuckerman's  Essay  on  Washington 481 

APPENDIX  TO  CHAPTER  XII. 

I.   Marshall's  Character  of  Washington 491 

IL  Obituary  Notice  of  Washington  in  a  London 

paper 493 

IIL  Dr.  Mason's  Funeral  Oration  on  Washington  495 

CHAPTER  XIII. 

1800-1801. 
CLOSE  OF  ADAMS'S  ADMINISTRATION. 

Political  parties — Party  schemes 498,  499 

Military  Academy  recommended 499 

Financial  matters — Public  lands 499,  500 

Jefferson's  letter  to  Madison 500 

Gallant  exploit  of  Commodore  Truxtun 501 

Bainbridge  at  Algiers  and  Constantinople 502,  503 

American  envoys  in  France 503 


The  "  Convention" 504 

Gibbs  and  Adams  on  the  mission  to  France 504 

Parties  in  New  York — Hamilton  and  Burr 505 

Jay's  honorable  conduct 505 

Federal  party  and  John  Adams 506 

Government  removed  to  Washington 506 

Mrs.  Adams's  letter  on  the  new  city 506 

The  second  census 508 

Hamilton's  opposition  to  Adams — His  letter 508 

A  copy  stolen  and  printed  by  Burr 509 

Congress  in  session  in  Washington 510 

President's  speech 510 

Adams's  appointments 513 

Marshall,  Chief  Justice 514 

Burr's  activity  in  politics 514 

Hamilton's  opinion  of  Burr 514 

State  of  the  electoral  votes 515 

Jefferson  seventy-three,  and  Burr  seventy-three  ...  515 

Mr.  Da  vis's  statement 515 

Jefferson  elected  president 516 

Balance  of  Adams's  term  of  office 517 

Mr.  Gibbs  on  the  federal  supremacy 517 

APPENDIX  TO  CHAPTER  XIII. 

John  Adams  and  the  Fall  of  Federalism 510 

CHAPTER   XIV. 

1797-1801. 
PROGRESS    IN    NATIONAL   PROSPERITY. 

Notices  of  internal  progress 522 

Proposition  in  Massachusetts — Jefferson's  remark  . .  523 

North-eastern  boundary  line 523 

Activity  in  the  northern  and  middle  states 524 

Noah  Webster 524 

The  "  Connecticut  reserve  " 525 

Slavery  abolished  in  New  York 525 

Sullivan's  "  Familiar  Letters"  quoted . .  526 

Georgia  and  its  new  constitution 526 

Views  of  Jefferson,  in  1811,  on  the  Kentucky  and 

Virginia  Resolutions 527 

Letter  to  Destutt  Tracy 527 

Allston's  letter  to  Burr's  daughter ; . . .  528 

Cotton  trade — Progress  of  western  states 529 

New  constitution  of  Kentucky 530 

Henry  Clay — His  first  public  effort 530 

Territory  west  of  the  Chattohoocb.ee 531 

Spanish  evacuation — "  Mississippi  Territory  " 531 

Condition  of  the  north-western  region 532 

Occupations  of  inhabitants — Census  taken 532,  533 

"  Indiana  Territory  "  erected 534 

Treaties  with  the  Cherokees  and  the  Creeks 535 

Louisiana ;  its  relation  to  the  United  States 53o 

Henry  Clay's  speech  at  Lexington 53*i 

Jefferson's  letter  to  Colonel  Nicholas's  son 537 

APPENDIX  TO  CHAPTER  XIV. 

Statistical  Tables. .  .  539 


[CONTINUED.} 


FROM 


THE    DECLARATION    OF    INDEPENDENCE 


TREATY    OF    PEACE. 


1776—1783. 


HISTORY 


UNITED    STATES    OF    AMERICA. 


CHAPTER    V. 

1778, 

CLOSE     OF     THE     CAMPAIGN     OF     1778. 

Sir  Henry  Clinton  evacuates  Philadelphia  —  Amount  of  the  British  and  American  force  —  Opinion  of  the  Council 
of  War  —  Measures  taken  to  hinder  the  march  of  the  British — Washington  pursues  Clinton  —  Determines  to 
attack  the  enemy  —  Battle  of  Monmouth  —  Conduct  of  Lee  —  Result  of  the  battle  —  Trial  of  General  Lee  — 
The  sentence  —  Incident  in  the  life  of  Lee — Arrival  of  the  French  fleet  —  Sails  for  New  York  and  thence  for 
Rhode  Island  —  Operations  in  Rhode  Island  —  D'Estaing's  movements  —  Naval  battle  —  D'Estaing  resolves  to 
leave  for  Boston  —  Sullivan  compelled  to  retreat  —  Washington's  letters  —  Expedition  of  the  British — Destruc 
tion  of  Bedford  and  other  towns  —  Congress  receives  the  French  ambassador  —  Botta's  remarks  —  British 
determine  to  use  severity  in  warfare  —  Destruction  of  Wyoming  —  Foraging  parties  —  Baylor's  regiment 
bayonetted  —  Pulaski's  legion  savagely  cut  to  pieces  —  Mr.  Sparks's  remarks  on  the  impolicy  of  the  British 
course  in  these  matters  —  Congress  recommend  retaliation  —  Byron  and  the  British  fleet  —  D'Estaing  goes  to  the 
West  Indies  —  British  troops  leave  for  the  south  —  The  army  go  into  winter-quarters  —  Jealo.usies  and  party 
dissensions  in  Congress  —  Washington's  letter  to  Harrison  —  Retaliatory  operations  against  the  Indians  —  Colonel 
Clarke's  expedition  —  General  languor  prevailing  —  Washington  goes  to  Philadelphia  —  Plan  of  next  year's 
campaign  —  War  carried  to  the  South  —  Campbell  captures  Savannah  —  His  policy  —  Steuben's  labors  in 
disciplining  the  troops  —  Naval  operations  at  this  date  —  Gallant  exploits  of  Biddle,  Jones,  Barry,  and  Talbot 
—  Adoption  of  the  Articles  of  Confederation. 


IT  being  probable  that  a  French 
fleet  would  soon  arrive  off  the  coast 
of  the  United  States,  Sir  Henry  Clin 
ton  received  orders  to  evacuate  Phila 
delphia  at  an  early  day.  Pie  was  also 
directed  to  send  a  portion  of  his  force 
to  aid  in  making  a  descent  upon  the 
French  possessions  in  the  West  Indies, 


and  to  withdraw  the  remainder  to  New 
York.  Shipping  a  part  of  his  troops, 
he  prepared  to  inarch  -through  New 
Jersey  with  the  main  body  of  his  army. 
Accordingly,  on  the  18th  of 
June,  Clinton  evacuated  Phila 
delphia,  and  Arnold,  with  a  small  de 
tachment,  marched  in  to  take  the  com- 


1778 


12 


CLOSE  OF  THE   CAMPAIGN   OF  1778. 


[BK.  III. 


mand.  A  few  days  afterwards,  Con 
gress  returned  to  the  city  and  resumed 
its  sessions  there. 

At  this  date,  the  British  army  in 
Philadelphia,  New  York,  and  Rhode 
Island,  numbered  more  than  thirty- 
three  thousand ;  while  Washington's 
force  altogether  did  not  exceed  fifteen 
thousand,  nor  was  it  probable  that  it 
could  be  easily  raised  higher  than 
twenty  thousand  effective  men.  The 
Council  of  War,  although  supposing  the 
British  force  to  be  less  than  half  its 
actual  number,  were  nevertheless  op 
posed  to  the  venturing  upon  offensive 
operations  ;  and,  with  the  exception  of 
Washington  and  one  or  two  others, 
there  was  a  strong  opinion  against  at 
tacking  the  British,  so  as  to  bring  on  a 
general  engagement.  Lee,  who  had  re 
cently  been  exchanged,  went  so  far  as 
to  declare  it  "  criminal"  to  risk  a  battle 
with  an  enemy  so  superior  in  discipline 
and  strength.  Most  of  the  foreign  offi 
cers  agreed  with  Lee's  opinion.  Wash 
ington,  in  consequence,  felt  bound  to 
act  with  great  circumspection ;  for,  al 
though  he  himself  was  in  favor  of  a 
battle,  he  did  not  like  to  go  counter  to 
the  opinions  of  his  Council  in  a  matter 
of  so  great  importance. 

Previous  to  this,  Washington  had 
detached  General  Maxwell,  with  the 
Jersey  brigade,  across  the  Delaware,  to 
co-operate  with  General  Dickinson,  who 
was  assembling  the  Jersey  militia,  in 
breaking  down  the  bridges,  felling  trees 
across  the  roads,  and  impeding  and  har- 
rassing  the  British  troops  in  their  re 
treat  ;  but  with  orders  to  be  on  his 
guard  against  a  sudden  attack. 

Of  the  two  roads  leading  from  Phila 


delphia  to  New  York,  the  one  ran  along 
the  western  bank  of  the  Delaware  to 
the  ferry  at  Trenton,  and  the  other 
along  the  eastern  bank  to  the  same 
point.  The  British  army,  unmolested 
by  the  Americans,  had  crossed  the  Del 
aware  at  Gloucester  Point,  and  had 
taken  the  latter  of  the  two  roads  just 
mentioned.  In  marching  through  a 
difficult  and  hostile  country,  Sir  Henry 
Clinton  prudently  carried  along  with 
him.  a  considerable  quantity  of  baggage, 
and  a  large  supply  of  provisions ;  so 
that  the  progress  of  the  army,  thus 
heavily  incumbered,  was  but  slow.  It 
proceeded  leisurely  through  Haddon- 
field,  and  Mount  Holly,  and  reached 
Crosswicks  and  Allentown,  June  24th ; 
having,  in  seven  days,  marched  less  than 
forty  miles.  This  slow  progress  made 
the  Americans  believe  that  Sir  Henry 
Clinton  was  disposed  to  wish  for  an  at 
tack.  General  Maxwell,  who  was  posted 
at  Mount  Holly,  retired  on  his  approach ; 
and  neither  he  nor  Dickinson  was  able 
to  give  him  much  molestation. 

As  the  inarch  of  the  British  army, 
thus  far,  was  up  the  Delaware,  and 
only  at  a  small  distance  from  that 
river,  Washington,  who  left  Valley 
Forge  on  the  day  that  Sir  Henry  Clin 
ton  evacuated  Philadelphia,  found  it 
necessary  to  take  a  circuitous 
route,  and  pass  the  river  higher 
up,  at  Coryell's  Ferry,  where  he  crossed 
it  on  the  22d  of  June,  and  took  post 
at  Hopewell,  on  the  high  grounds  in 
that  vicinity,  and  remained  during  the 
23d  in  that  position. 

From  Allentown  there  were  two 
roads  to  New  York ;  one  on  the  left 
passing  through  South  Amboy  to  the 


1778. 


6) 


OH.  V.] 


THE  BATTLE  OF  MONMOUTH. 


13 


Hudson  River,  the  other  on  the  right 
leading  to  Monmouth  and  Sandy  Hook. 
The  first  of  these  was  somewhat  shorter, 
but  the  Raritan  River  lay  in  the  way, 
and  it  might  be  difficult  and  dangerous 
to  pass  it  in  presence  of  the  enemy. 
Sir  Henry  Clinton,  therefore,  resolved 
to  take  the  road  to  Sandy  Hook,  by 
which  the'  Raritan  would  be  altogether 
avoided. 

Washington  again  asked  the  advice 
of  the  Council  of  War,  at  Hopewell. 
Lee  persisted  in  the  view  previously 
expressed,  and  his  opinion  had  weight 
in  the  Council.  But  the  comrnander- 
in-chief,  deeming  the  reputation  of  the 
army  in  measure  involved,  and  know 
ing  that  it  was  expected  by  the  country 
that  an  attack  should  be  made  upon 
the  enemy,  proceeded  to  act  on  his  own 
judgment  in  the  case.  Though  cautious 
and  prudent,  Washington  was  by  no 
means  without  enterprise,  and  he  could 
not  be  persuaded  that  the  chances  of 
war  were  so  much  against  him  as  to 
threaten  the  alarming  consequences 
suggested  by  Lee  and  others.  There 
was,  among  the  officers,  a  general  con 
currence  in  a  proposal  for  strengthening 
the  corps  on  the  left  flank  of  the  enemy 
with  one  thousand  five  hundred  men, 
so  as  to  improve  any  partial  advantages 
that  might  offer,  and  so  that  the  main 
body  should  preserve  a  relative  position 
for  a'cting  as  circumstances  might  re 
quire. 

Washington,  on  receiving  intelligence 
that  Sir  Henry  Clinton  was  proceeding 
towards  Monmouth  Court-House,  dis 
patched  one  thousand  men,  under  Gen 
eral  Wayne,  and  sent  forward  General 
Lafayette  to  take  command  of  the 

VOL.  II— 2 


whole,  with  orders  to  seize  the  first  fair 
opportunity  of  attacking  the  enemy's 
rear.  The  command  of  this  corps 
had  been  offered  to  General  Lee,  but 
he  declined  it.  The  whole  army  fol 
lowed  at  a  proper  distance  for  support 
ing  the  advanced  corps,  and  reached 
Cranberry  the  next  morning.  Clinton, 
sensible  of  the  approach  of  the  Amer 
icans,  placed  his  grenadiers,  light  in 
fantry,  and  chasseurs,  in  his  rear,  and 
his  baggage  in  his  front.  Washington 
increased  his  advanced  corps  with  two 
brigades,  and  sent  General  Lee,  who,  for 
some  reason,  having  changed  his  mind, 
now  wished  for  the  command,  to  take 
charge  of  the  whole,  and  followed  with 
the  main  army  to  give  it  support.  On 
the  next  morning,  June  28th,  orders 
were  sent  to  Lee  to  move  on  and  at 
tack,  "  unless  there  should  be  very  pow 
erful  reasons  to  the  contrary."  When 
Washington  had  marched  about  five 
miles  to  support  the  force  in  advance, 
he  found  the  whole  of  it,  five  thousand 
in  number,  retreating  by  Lee's  orders, 
and  without  having  made  any  oppo 
sition  of  consequence.  Shocked  and 
astounded,  Washington  rode  up  to 
Lee  and  demanded  what  all  this 
meant.  Lee  answered  with  warmth, 
and  unsuitable  language.*  The  com- 
mander-in-chief  ordered  Colonel  Stew 
art's  and  Lieutenant  Colonel  Ramsay's 
battalions,  to  form  on  a  piece  of  ground 
which  he  judged  suitable  for  giving  a 
check  to  the  advancing  enemy.  Lee 
was  then  asked  if  he  would  command 
on  that  ground,  to  which  he  promptly 
consented,  and  was  ordered  to  take 

*  See  living's  "Life  of  Washington,"  vol.  iii.,  p.  428. 


14 


CLOSE  OF  THE   CAMPAIGN   OF   1778. 


[BK.  III. 


proper  measures  for  checking  the  ene 
my  ;  to  which  he  replied,  "  Your  orders 
shall  be  obeyed,  and  I  will  not  be  the 
first  to  leave  the  field."  Washington 
then  rode  to  the  main  army,  which  was 
formed  with  the  utmost  expedition.  A 
sharp  cannonade  immediately  commen 
ced  between  the  British  and  American 
artillery,  and  a  heavy  firing  between 
the  advanced  troops  of  the  British 
army  and  the  two  battalions  which 
Washington  had  halted.  These  stood 
their  ground  till  they  were  intermixed 
with  a  part  of  the  British  army.  Gen 
eral  Lee  continued  till  the  last  on  the 
field  of  battle,  and  brought  off  the  rear 
of  the  retreating  troops. 

The  check  the  British  received  gave 
time  to  make  a  disposition  of  the  left 
wing  and  second  line  of  the  American 
army,  in  the  wood  and  on  the  eminence 
to  which  Lee  was  retreating.  On  this 
some  cannon  were  placed  by  Lord  Stir 
ling,  who  commanded  the  left  wing, 
which,  with  the  co-operation  of  some 
parties  of  infantry,  effectually  stopped 
the  advance  of  the  British  in  that  quar 
ter.  General  Greene  took  a  very  ad 
vantageous  position  on  the  right  of 
Lord  Stirling.*  The  British  attempted 
to  turn  the-  left  flank  of  the  Americans, 
but  were  repulsed.  They  also  made  a 
movement  to  the  right,  with  as  little 
success ;  their  design  being  prevented 
by  Greene's  artillery.  Wayne  ad- 


*  Lafayette,  speaking  of  this  battle  says,  "  Never 
was  General  Washington  greater  in  war  than  in  this 
action.  His  presence  stopped  the  retreat.  His  dis 
positions  fixed  the  victory.  His  fine  appearance  on 
horseback,  his  calm  courage,  roused  by  the  animation 
produced  by  the  vexation  of  the  morning,  gave  him 
the  air  best  calculated  to  excite  enthusiasm." 


vanced  with  a  body  of  troops,  and  kept 
up  so  severe  and  well  directed  a  fire, 
that  the  British  were  soon  compelled 
to  give  way.  They  retired,  and  took 
the  position  which  Lee  had  before  oc 
cupied.  Washington  resolved  to  attack 
them,  and  ordered  General  Poor  to 
move  round  upon  their  right,  and  Gen 
eral  Woodford  to  their  left ;  but  they 
could  not  get  within  reach,  before  it 
was  dark.  These  remained  on  the 
ground  which  they  had  been  directed 
to  occupy,  during  the  night,  with  an 
intention  of  attacking  early  next  morn 
ing  ;  and  the  main  body  lay  on  their 
arms  in  the  field  to  be  ready  for  sup 
porting  them.*  General  Washington, 
after  a  day  of  great  activity  and  much 
personal  danger,  reposed  among  his 
troops  on  his  cloak  under  a  tree,  in 
hopes  of  renewing  the  action  the  next 
day. 

The  British,  however,  marched  away 
in  the  night,  in  such  silence  that  Gen- 
oral  Poor,  though  he  lay  very  near 
them,  knew  nothing  of  their  departure. 
They  left  behind  them  four  officers 
and  about  forty  privates,  all  so  badly 
wounded  that  they  could  not  be  re 
moved.  Their  other  wounded  were 
carried  off.  The  British  pursued  their 
march  without  farther  interruption, 
and  soon  reached  the  neighborhood  of 
Sandy  Hook,  without  the  loss  of  either 
their  covering  party  or  baggage.  Wash 
ington  declined  all  farther  pursuit  of 
the  royal  army,  and  soon  after  drew 


*  As  an  instance  of  the  intense  heat  of  the  day, 
it  is  stated  that  fifty-nine  British  soldiers  perished 
without  a  wound ;  and  several  of  the  American 
soldiers  died  from  the  same  cause. 


CH.  V.] 


TRIAL  OF  GENERAL  LEE. 


15 


off  liis  troops  to  the  borders  of  the 
Hudson  Kiver.  The  loss  of  the  Ameri 
cans  in  killed  and  wounded  was  about 
two  hundred  and  fifty.  The  loss  of  the 
royal  army,  inclusive  of  prisoners,  was 
about  three  hundred  and  fifty.  On  the 
whole,  although  victory  can  hardly  be 
said  to  have  rested  on  the  American 
arms,  the  result  of  the  battle  was  quite 
satisfactory.  It  was  fought  with  brave 
ry  and  skill,  and  had  it  not  been  for 
General  Lee's  strange  conduct,  it  might 
have  eventuated  in  a  complete  defeat 
of  the  British  force. 

On  the  ninth  day  after  the  battle, 
Congress  unanimously  resolved,  "that 
their  thanks  be  given  to  General  Wash 
ington  for  the  activity  with  which  he 
marched  from  the  camp  at  Valley 
Forge  in  pursuit  of  the  enemy  ;  for  his 
distinguished  exertions  in  forming  the 
line  of  battle ;  and  for  his  great  good 
conduct  in  leading  on  the  attack,  and 
gaining  the  important  victory  of  Mon- 
rnouth,  over  the  British  grand  army, 
under  the  command  of  General  Sir 
Henry  Clinton,  in  their  march  from 
Philadelphia  to  New  York." 

It  is  probable  that  Washington  in 
tended  to  take  no  further  notice  of 
Lee's  conduct  on  the  field  of  battle,  but 
the  latter  could  not  brook  the  expres 
sions  used  by  the  commander-in-chief  at 
their  first  meeting,  and  wrote  him  two 
passionate  letters.  This  led  to  his  being 
tried  by  a  court  martial  at  his  own  re 
quest.  The  charges  exhibited  against 
him  were:  1st.  For  disobedience  of 
orders  in  not  attacking  the  enemy  on 
the  28th  of  June  agreeable  to  repeated 
instructions.  2dly.  For  misbehavior 
before  the  enemy  on  the  same  day,  by 


making  an  unnecessary,  disorderly, 
and  shameful  retreat.*  3dly.  For  dis 
respect  to  the  commander-in-chief  in 
two  letters. 

After  a  tedious  hearing  before  the 
court,  of  which  Lord  Stirling  was  pres 
ident,  Lee  was  found  guilty,  and  sen 
tenced  to  be  suspended  from  any  com 
mand  in  the  armies  of  the  United  States 
for  the  term  of  one  year ;  but  the  second 
charge  was  softened  by  the  court,  which 
found  him  guilty  of  misbehavior  before 
the  enemy,  by  making  an  unnecessary, 
and,  in  some  few  instances,  a  disorderly 
retreat. 

Congress,  after  some  hesitation-,  ap 
proved  the  sentence  of  the  court,  and 
Lee,  deeply  chagrined,  left  the  army 
never  to  join  it  again.  He  finished  his 
career  in  Philadelphia,  October  2d,  1T82 ; 
a  career  marked  as  much  by  folly  and 
impiety,  as  by  ability  and  superior  mil 
itary  knowledge.-]- 


*  Chief  Justice  Marshall,  speaking  of  Lee's  de 
fence  before  the  court,  says,  "  He  suggested  a  variety 
of  reasons  in  justification  of  his  retreat,  •which,  if  they 
do  not  absolutely  establish  its  propriety,  give  it  so 
questionable  a  form  as  to  render  it  probable  that  a 
public  examination  never  would  have  taken  place, 
could  his  proud  spirit  have  stooped  to  offer  explana 
tion,  instead  of  outrage,  to  the  commander-in-chief." 

f  Mr.  Sparks,  in  a  note,  mentions  a  curious  in 
cident  in  the  life  of  General  Lee.  By  order  of 
Congress,  while  the  army  was  at  Valley  Forge, 
Washington  was  directed  to  administer  the  oath  of 
allegiance  to  the  general  officers.  The  major-gen 
erals  stood  round  Washington,  and  took  hold  of  a 
Bible,  according  to  the  usual  custom  ;  but  Lee,  just 
as  the  oath  was  about  to  be  administered,  withdrew 
his  hand  deliberately,  twice  in  succession.  The 
action  was  singular  and  remarkable,  causing  a  smile 
from  the  other  officers.  On  Washington's  inquiring 
the  meaning  of  his  conduct,  Lee  remarked,  "As  to 
King  George,  I  am  ready  enough  to  absolve  myself 
from  all  allegiance  to  him,  but  I  have  some  scruples 
about  the  Prince  of  Wales."  This  odd  reply  caused 


16 


CLOSE   OF  THE  CAMPAIGN   OF  1778. 


[BK.  III. 


1778. 


Early  in  July,  at  the  very  time  wlien 
the  British  army  reached  New  York, 
the  Count  D'Estaing,  with  a 
French  fleet,  appeared  off  the 
coast  of  Virginia.  This  fleet  had  sailed 
from  Toulon  the  .13th  of  April;  but 
meeting  with  contrary  winds  had  been 
thus  long  delayed.  It  was  confidently 
expected  that  the  Count  D'Estaing 
would  find  the  British  still  in  Philadel 
phia  ;  and  had  he  done  so,  it  must  have 
proved  disastrous  to  the  entire  force, 
hemmed  in  between  the  French  on  the 
sea  and  the  American  army  on  land. 
Having  ascertained  that  the  British 
had  evacuated  Philadelphia,  the  French 
commander  sailed  to  the  northward, 
and  on  the  evening  of  the  llth  of  July, 
appeared  off  Sandy  Hook.  Lord  Howe, 
whose  fleet  amounted  only  to  six  ships 
of  the  line,  four  of  fifty  guns  each,  and 
some  frigates  and  smaller  vessels,  had 
been  informed  of  D'Estaing's  arrival  on 
the  coast  some  days  before  he  appeared 
in  sight,  and  had  made  a  judicious  dis 
position  of  his  force  for  the  defence  of 
New  York.  For  some  time  after  the 
French  came  in  sight,  the  wind  was  un 
favorable  to  an  attempt  on  the  British 
fleet ;  however,  on  the  22d  of  July,  it 
veered  to  the  eastward,  the  French 
squadron  got  under  way,  and  the  Brit 
ish  expected  to  be  immediately  at 
tacked.  But  the  pilots  being  unani 
mously  of  opinion  that  the  French  ships 


a  laugh,  and  for  a  time  interrupted  the  ceremony. 
It  was,  however,  resumed,  and  Lee  took  the  oath  with 
the  rest.  The  subsequent  conduct  of  General  Lee 
at  Monrnouth  gave  rise  io  a  suspicion  as  to  the 
patriotism  of  the  officer  next  in  rank  to  Washington  : 
probably,  however,  the  whole  matter  was  only  an 
illustration  of  Lee's  well-known  eccentricities. 


of  war  could  not  pass  the  bar  at  Sandy 
Hook,  and  refusing  to  undertake  to 
carry  them  through  the  channel,  D'Es 
taing  was  compelled  to  stand  out  to 
sea,  and  sailed  as  far  south  as  the  capes 
of  the  Delaware,  where  he  altered  his 
course  and  steered  directly  for  Rhode 
Island,  off  which  he  appeared  on  the 
29th  of  the  month.  There  he  meditat 
ed  an  attack,  in  which  General  Sullivan, 
with  a  detachment  from  General  Wash 
ington's  army,  and  reinforcements  from 
New  England,  was  to  co-operate. 

The  Americans  had  been  preparing 
for  some  time  to  attempt  the  reduction 
of  Rhode  Island ;  and  Sullivan  had  been 
appointed  to  superintend  and  hasten 
the  preparations.  His  measures  did 
not  escape  the  notice  of  General  Pigot, 
who  was  commander  on  the  island,  and 
who,  in  order  to  impede  the  operations 
of  the  Americans,  had  ordered  two 
different  incursions  into  Providence 
Plantation,  one  conducted  by  Colonel 
Campbell,  and  another  under  Major 
Eyre,  in  which  a  quantity  of  military 
and  naval  stores,  some  galleys  and  arm- 
ed  sloops,  with  upwards  of  a  hundred 
boats  prepared  for  the  expedition,  were 
destroyed.  These  losses  retarded  the 
preparations  of  General  Sullivan ;  and 
for  several  days  after  the  arrival  of  the 
French  fleet,  the  Americans  were  not 
ready  to  co-operate  with  their  allies. 

Rhode  Island  consists  of  two  parts 
connected  by  an  isthmus,  and  has  a 
number  of  small  islands  near  it.  New 
port,  the  chief  town  of  the  island,  stands 
to  the  west  of  the  isthmus ;  and  the  isl 
and  of  Conuanicut  lies  off  it,  between 
Rhode  Island  and  the  main  land. 
There  are  three  entrances  to  the  town, 


CH.  V.] 


FRENCH   AND   ENGLISH   NAVAL  CONTEST. 


17 


one  by  the  east  or  Seakonet  Passage ; 
another  by  the  west  of  the  island,  be 
tween  it  and  Connanicut,  called  the 
Main  Channel;  and  another  by  the 
west  of  Connanicut,  called  the  West  or 
Narraganset  Passage,  and  which  unites 
with  the  Main  Channel  at  the  east  of 
.  Connanicut. 

The  British  garrison,  under  General 
Pigot,  amounted  to  six  thousand  men. 
The  main  body  lay  at  Newport ;  three 
regiments  were  stationed  on  Connani 
cut  Island ;  the  isthmus  was  defended 
by  a  chain  of  redoubts ;  and  each  of  the 
three  entrances  by  sea  was  guarded  by 
frigates  and  galleys,  which  were  de 
stroyed  on  the  appearance  of  Count 
D'Estaing,  to  prevent  them  from  falling 
into  his  hands.  D'Estaing  stationed 
some  ships  of  war  both  in  the  Seakonet 
and  Narraganset  passages,  while  "he 
effectually  closed  the  main  channel,  by 
anchoring  with  his  fleet  at  its  mouth ; 
and  in  that  situation  he  remained  till  the 
8th  of  August.  The  Americans  being 
then  ready  to  co-operate  with  him,  he 
sailed  towards  the  harbor,  receiving 
and  returning  the  fire  of  several  bat 
teries  as  he  passed,  and  anchored  be 
tween  Newport  and  Connanicut. 

On  the  first  appearance  of  the  French 
fleet  at  Rhode  Island,  information  of 
the  event  was  sent  to  New  York ;  and 
Lord  Howe,  whose  squadron  was  then 
increased  to  eight  ships  of  the  line, 
five  of  fifty  guns  each,  two  of  forty, 
four  frigates,  with  three  fire-ships,  two 
bombs,  and  a  number  of  inferior  ves 
sels,  after  having  been  detained  four 
clays  by  contrary  winds,  sailed  towards 
Rhode  Island,  appeared  in  sight  of  it 
early  on  the  9th  of  August,  and  in  the 


evening  anchored  off  Point  Judith,  with 
out  the  entrance  into  the  Main  Channel. 

On  the  morning  of  the  10th,  the 
wind  having  changed  to  the  northeast, 
the  Count  D'Estaing  was  seized  with  a 
sudden  impulse  to  sail  out  and  test 
the  ability  of  Howe  to  meet  him 
on  the  ocean.*  Accordingly,  desert 
ing  for  the  time  the  post  of  import 
ance  where  he  could  aid  the  Ameri 
cans,  he  stood  out  to  sea  in  search  of 
the  British  fleet.  Lord  Howe,  on  see 
ing  so  formidable  an  armament 
advance  to  engage  him,  and  be 
ing  under  the  wind,  which  gave  the 
French  the  weather-gage,  declined  com 
ing  to  action,  and  manoeuvred  with 
great  ability  in  order  to  gain  that  ad 
vantage  for  himself.  A  contest  ensued 
for  it  which  lasted  the  whole  day ;  the 
French  admiral  striving  with  equal 
eagerness  to  retain  it.  Towards  the 
close  of  the  second  day,  when  the  ac 
tion  was  about  to  commence,  the  fleets 
were  separated  by  a  violent  storm, 
which  dispersed  and  considerably  in 
jured  both  of  them.  Single  ships  after 
ward  fell  in  with  each  other,  and  spirit 
ed  encounters  ensued ;  but  no  import 
ant  advantage  was  gained  on  either 
side.  Lord  Howe  returned  to  New 
York,  and  D'Estaing  to  Newport,  both 
in  a  shattered  condition. 

When  D'Estaing  followed  Lord 
Howe  from  Rhode  Island,  Sullivan's 
army,  amounting  to  ten  thousand  men, 
chiefly  militia,  was  ready  to  take  the 
field :  it  was  proposed,  however,  not  to 


*  See  Pcabody's  "  Life  of  John  Sullivan,"  p.  98, 
etc.,  for  an  able  discussion  of  the  conduct  of  the 
Count  D'Estaing,  and  the  results  which  followed. 


18 


CLOSE   OF  THE  CAMPAIGN   OF    1778. 


[BK.  III. 


commence  hostilities  till  tlie  return  of  the 
French,  in  order  that  they  might  not 
offend  D'Estaing,  who  had  already  mani 
fested  some  jealousy  arid  irritation  on 
points  of  form  and  ceremony.  But,  as 
the  American  army  could  not  be  long 
kept  together,  that  proposal  was  over 
ruled,  and  it  was  resolved  immediately 
to  begin  active  operations. 

General  Pigot  now  withdrew  his 
troops  from  Connanicut,  called  in  his 
outposts,  and  concentrated  his  force 
in  the  vicinity  of  Newport,  where  he 
occupied  an  entrenched  camp.  The 
American  army  was  transported  from 
the  main  land  to  the  northeast  end  of 
the  island,  took  possession  of  a  fortified 
post,  which  the  British  had  abandoned, 
and  marched  toward  Newport,  to  be 
siege  the  enemy's  camp  at  that  place. 

But,  on  the  12th  of  August,  before 
Sullivan  had  begun  the  siege,  his  army 
was  overtaken  by  the  furious  storm  of 
wind  and  rain  which  dispersed  and 
damaged  the  fleets.  It  blew  down  and 
almost  irreparably  injured  the  tents, 
rendered  the  fire-arms  unfit  for  immedi 
ate  use,  and  damaged  the  ammunition, 
of  which  fifty  rounds  had  just  been  de 
livered  to  each  man.  The  soldiers, 
having  no  shelter,  suffered  severely, 
and  some  of  them  perished  in  the 
storm,  which  lasted  three  days ;  after 
wards  the  American  army  advanced  to 
wards  the  British  lines,  and  began  the 
siege.  But  the  absence  of  the  fleet 
rendered  the  situation  of  General  Sul 
livan's  army  precarious,  as  the  British 
force  at  Newport  could  easily  be  in 
creased.  On  the  evening  of  the  20th, 
D'Estaing  again  appeared  off  the  island  ; 
but  the  joy  of  the  Americans  on  that 


occasion  was  of  short  duration.  For 
he  immediately  informed  General  Sul 
livan  that,  in  obedience  to  written  or 
ders  which  he  had  with  him,  and  agree 
ably  to  the  advice  of  all  his  officers,  he 
was  about  to  sail  to  the  harbor  of  Bos 
ton.  His  instructions  were  to  enter 
that  port,  in  case  he  should  meet  with 
any  disaster,  or  find  a  superior  British 
fleet  on  the  coast.  The  shattered  con 
dition  of  his  ships,  and  the  arrival  of 
Admiral  Byron  with  reinforcements 
from  England,  constituted,  so  his  officers 
urged,  the  very  state  of  things  contem 
plated  in  his  instructions;  and  there 
fore  he  resolved  to  proceed  to  Boston. 
Convinced  that  the  departure  of  the 
French  force  would  completely  ruin  the 
whole  enterprise,  both  Greene  and  La 
fayette  besought  D'Estaing,  in  a  per 
sonal  interview,  that  he  would  not,  by 
persisting  in  his  resolution,  abandon 
the  interests  of  the  common  cause ;  they 
represented  to  him  the  importance,  to 
France  as  well  as  America,  of  the  en 
terprise  commenced;  that  it  was  al 
ready  so  well  advanced  as  to  leave  no 
doubt  of  success ;  that  it  could  not  be 
relinquished  in  its  present  stage  with 
out  shaming  and  disgusting  the  Ameri 
cans,  who,  confiding  in  the  promised 
co-operation  of  the  French  fleet,  had 
undertaken  it  with  alacrity,  and  made 
incredible  exertions  to  provide  the  re 
quisite  stores;  that  to  be  deserted  at 
so  critical  a  moment  would  furnish  a 
triumph  to  the  disaffected,  who  would 
not  fail  to  exclaim  that  such  was  French 
faith,  and  the  fruit  of  the  alliance  ;  that 
the  successive  miscarriages  of  the  Dela 
ware,  of  Sandy  Hook,  and  finally  this 
of  Newport,  could  not  but  produce  a 


CH.  V.] 


COUNT  D'ESTAING  PROCEEDS  TO   BOSTON. 


19 


ITT  8. 


high  state  of  exasperation.  They  ad 
ded  that  with  a  fleet  in  so  shattered  a 
condition,  it  would  be  very  difficult  to 
pass  the  shoals  of  Nantucket;  that  it 
could  be  repaired  more  conveniently  at 
Newport  than  at  Boston ;  and  finally, 
that  its  present  station  afforded  advan 
tages  over  Boston  for  distressing  the 
enemy ;  while  in  the  event  of  the  ar 
rival  of  a  superior  fleet,  it  would  be  no 
more  secure  at  Boston  than  at  New 
port.  But  all  was  fruitless.  Notwith 
standing  a  protest,  signed  by  all  the 
leading  officers,  except  Lafayette,  and 
sent  to  the  Count,  just  as  he  had  got 
under  way,  he  set  sail,  the  22d 
of  August,  and  three  days  after 
came  to  anchor  in  the  harbor  of  Bos 
ton. 

General  Sullivan,  as  Gordon  states, 
was  so  chagrined  at  the  departure  of 
the  fleet,  that,  contrary  to  all  policy,  he 
gave  out  in  general  orders,  on  the  24th, 
"The  General  cannot  help  lamenting 
the  sudden  and  unexpected  departure 
of  the  French  fleet,  as  he  finds  it  has 
a  tendency  to  discourage  some  who 
placed  great  dependence  upon  the  as 
sistance  of  it,  though  he  can  by  no 
means  suppose  the  army,  or  any  part  of 
it,  endangered  by  this  movement.  He 
yet  hopes  the  event  will  prove  Ameri 
ca  able  to  procure  that  by  her  own 
arms,  which  her  allies  refuse  to  assist  in 
obtaining."  ,  Two  days  after,  in  new 
orders,  he  endeavored  to  smooth  off 
the  reflection  contained  in  it,  by  declar 
ing  that  he  meant  not  to  insinuate  that 
the  departure  of  the  French  fleet  was 
owing  to  a  fixed  determination  not  to 
assist  in  the  enterprise,  and  would  not 
wish  to  give  the  least  color  to  ungenerous 


and  illiberal  minds  to  make  such  unfair 
interpretations.  Count  D'Estaing,  when 
he  had  arrived  at  Boston,  wrote  to 
Congress,  on  the  26th,  and  in  his  letter 
mentioned — the  embarrassments  of  the 
king's  squadron  as  well  on  account  of 
water  as  provisions,  how  his  hopes  were 
deceived  with  regard  to  these  two  ar 
ticles,  which  were  growing  more  and 
more  important — that  it  was  necessary 
for  him  to  confine  all  his  attention  to 
the  preservation  of  the  squadron,  and 
restoring  it  to  a  condition  to  act — that 
he  was  no  longer  at  liberty  to  depend 
on  deceitful  expectations  of  watering 
and  getting  provisions.  He  justified 
his  repairing  to  Boston  from  the  situa 
tion  of  his  ships,  the  advices  of  a  squa 
dron  from  Europe,  the  ignorance  of 
what  was  become  of  Lord  Howe's  fleet, 
and  the  advantage  that  his  lordship 
would  have  had  for  attacking  him  had 
he  returned  into  Newport.  He  also 
expressed  his  displeasure  at  the  protest. 
Perhaps  it  was  hardly  reasonable  to 
censure  the  Count  for  repairing  to  Bos 
ton,  when  all  his  officers  insisted  so 
upon  the  measure ;  though,  had  he  re 
turned  into  Newport,  the  garrison 
would  most  probably  have  capitulated 
before  Howe  could  have  succored  them. 
Upon  the  fleet's  sailing  for  Boston,  it 
was  said — "  There  never  was  a  prospect 
so  favorable,  blasted  by  such  a  shame 
ful  desertion."  A  universal  clamor  pre 
vailed  against  even  the  whole  French 
nation :  and  letters  were  sent  to  Boston 
containing  the  most  bitter  invectives, 
tending  to  prejudice  the  inhabitants 
against  D'Estaing  and  all  his  officers,  to 
counteract  which  the  cooler  and  more 
judicious  part  of  the  community  em- 


•20 


CLOSE  OF  THE  CAMPAIGN   OF   1778. 


[BK.  III. 


ployed  their  good  offices.  Between  two 
and  three  hundred  volunteers  left  the 
camp  in  the  course  of  twenty-four 
hours,  and  others  continued  to  go  off, 
and  even  many  of  the  militia ;  so  that 
in  three  days  Sullivan's  army  was 
greatly  decreased ;  it  was  soon  little 
more  in  number  than  that  of  the  enemy. 

In  this  state  of  things,  Sullivan  re 
solved,  on  the  26th  of  August,  to  raise 
the  siege,  and  retire  to  the  north  end 
of  the  island,  preparatory  to  the  entire 
abandonment  of  the  expedition.  On 
the  29th,  he  put  himself  in  motion  with 
all  the  army.  Though  warmly  pursued 
by  the  English  and  Hessians,  he  re 
joined  his  van  without  loss.  But  the 
enemy  coming  up  in  more  force,  there 
ensued  a  very  hardly  fought  battle  in 
the  environs  of  Quaker  Hill,  in  which 
the  loss  was  very  severe  on  both  sides. 
At  length,  the  Americans  repulsed  the 
English  with  admirable  spirit;  and 
in  the  course  of  the  night  of  the  30th, 
the  troops  of  Sullivan  reached  the 
main  land  by  the  passages  of  Bristol 
and  Howland's  Ferry. 

Such  was  the  issue  of  an  expedition, 
undertaken  not  only  with  the  fairest 
prospect  of  success,  but  which  had  been 
carried  to  the  very  threshold  of  a  bril 
liant  termination.  General  Sullivan 
made  his  retreat  just  in  time ;  for  the 
next  day  Clinton  arrived  with  four 
thousand  men  and  a  light  squadron,  to 
the  relief  of  Newport.  If  the  winds 
had  favored  him  more,  or  if  Sullivan 
had  been  less  prompt  to  retreat,  as 
sailed  in  the  island  by  an  enemy  whose 
force  was  double  his  own,  and  his  way 
to  the  main  land  intercepted  by  the 
English  vessels,  his  position  would  have 


been  little  less  than  desperate.  His 
prudence  received  merited  acknowl 
edgements  on  the  part  of  Congress. 

Washington  foresaw  the  evils  likely 
to  result  from  the  general  and  mutual 
irritation  which  prevailed,  and  exerted 
all  his  influence  to  calm  the  minds  of 
both  parties.  He  had  a  powerful  co 
adjutor  in  Lafayette,  who  was  as  de 
servedly  dear  to  the  Americans  as  to 
the  French.  His  first  duties  were  due 
to  his  king  and  country ;  but  he  loved 
America,  and  was  so  devoted  to  the 
commander-in-chief  of  its  armies,  as  to 
enter  into  his  views,  and  second  Ms 
softening  conciliatory  measures,  with 
truly  filial  affection. 

Washington  also  wrote  to  General 

O 

Heath,  who  commanded  at  Boston,  and 
to  Sullivan  and  Greene,  who  command 
ed  at  Rhode  Island.  In  his  letter  to 
General  Heath,  he  stated  his  fears 
"  that  the  departure  of  the  French  fleet 
from  Rhode  Island,  at  so  critical  a  mo 
ment,  would  not  only  weaken  the  confi 
dence  of  the  people  in  their  new  allies, 
but  produce"  such  prejudice  and  resent 
ment  as  might  prevent  their  giving  the 
fleet,  in  its  present  distress,  such  zealous 
and  effectual  assistance  as  was  demand 
ed  by  the  exigence  of  affairs,  and  the 
true  interests  of  America:"  and  added, 
"  that  it  would  be  sound  policy  to  com 
bat  these  effects,  and  to  give  the  best 
construction  of  what  had  happened  ; 
and  at  the  same  time  to  make  strenu 
ous  exertions  for  putting  the  French 
fleet  as  soon  as  possible,  in  a  condition 
to  defend  itself,  and  be  useful."  He 
also  observed  as  follows — "The  depart 
ure  of  the  fleet  from  Rhode  Island,  is 
not  yet  publicly  announced  here ;  but 


CH.  V.]  WASHINGTON'S  LETTERS  TO  SULLIVAN  AND   GREENE. 


21 


when  it  is,  I  intend  to  ascribe  it  to  ne 
cessity  produced  by  the  damage  re 
ceived  in  the  late  storm.  This,  it  ap 
pears  to  me,  is  the  idea  which  ought  to 
be  generally  propagated.  As  I  doubt 
not  the  force  of  these  reasons  will  strike 
you  equally  with  myself,  I  would  re 
commend  to  you  to  use  your  utmost 
influence  to  palliate  and  soften  matters, 
and  to  induce  those  whose  business  it 
is  to  provide  succors  of  every  kind  for 
the  fleet,  to  employ  their  utmost  zeal 
and  activity  in  doing  it.  It  is  our  duty 
to  make  the  best  of  our  misfortunes, 
and  not  suffer  passion  to  interfere  with 
our  interest  and  the  public  good." 

Writing  to  General  Sullivan,  he  ob 
served:  "The  disagreement  between 
the  army  under  your  command  and 
the  fleet,  has  given  me  very  singular 
uneasiness.  The  continent  at  large  is 
concerned  in  our  cordiality,  and  it 
should  be  kept  up  by  all  possible 
means  consistent  with  our  honor  and 
policy.  First  impressions  are  generally 
longest  retained,  and  will  serve  to  fix 
in  a  great  degree  our  national  character 
with  the  French.  In  our  conduct  to 
wards  them,  we  should  remember,  that 
they  are  a  people  old  in  war,  very 
strict  in  military  etiquette,  and  apt  to 
take  fire  when  others  seem  scarcely 
warmed.  Permit  me  to  recommend  in 
the  most  particular  manner,  the  culti 
vation  of  harmony  and  good  agree 
ment,  and  your  endeavors  to  destroy 
that  ill-humor  which  may  have  found 
its  way  among  the  officers.  It  is  of 
the  utmost  importance,  too,  that  the 
soldiers  and  the  people  should  know 
nothing  of  this  misunderstanding ;  or  if 
it  has  reached  them,  that  means  may 

VOL.  II.— 3 


be  used  to  stop  its  progress,  and  pre 
vent  its  effects." 

To  General  Greene,  Washington 
wrote :  "  I  have  not  now  time  to  take 
notice  of  the  several  arguments  which 
were  made  use  of,  for  and  asrainst  the 

'  O 

Count's  quitting  the  harbor  of  New 
port,  and  sailing  for  Boston.  Eight  or 
wrong,  it  will  probably  disappoint  our 
sanguine  expectations  of  success,  and, 
which  I  deem  a  still  worse  consequence, 
I  fear  it  will  sow  the  seeds  of  dissen 
sion  and  distrust  between  us  and  our 
new  allies,  unless  the  most  prudent 
measures  be  taken  to  suppress  the 
feuds  and  jealousies  that  have  already 
arisen.  I  depend  much  on  your  tem 
per  and  influence  to  conciliate  that  ani 
mosity  which  subsists  between  the 
American  and  French  officers  in  our 
service.  I  beg  you  will  take  every 
measure  to  keep  the  protest  entered 
into  by  the  general  officers  from  being 
made  public.  Congress,  sensible  of  the 
ill  consequences  that  will  flow  from  our 
differences  being  known  to  the  world, 
have  passed  a  resolve  to  that  purpose. 
Upon  the  whole,  my  dear  sir,  you  can 
conceive  my  meaning  better  than  I  can 
express  it;  and  I  therefore  fully  de 
pend  on  your  exerting  yourself  to  heal 
all  private  animosities  between  our 
principal  officers  and  the  French,  and 
to  prevent  all  illiberal  expressions  and 
reflections  that  may  fall  from  the  army 
at  large." 

Washington  also  improved  the  first 
opportunity  of  recommencing  his  cor 
respondence  with  Count  D'Estaing,  in  a 
letter  to  him,  which,  without  noticing 
the  disagreements  that  had  taken 
place,  was  well  calculated  to  sooth 


CLOSE   OF  THE  CAMPAIGN   OF  1778. 


[BK.  III. 


every  unpleasant  sensation  which  might 
have  disturbed  his  mind.*  In  the 
course  of  a  short  correspondence,  the 
irritation  which  threatened  serious  mis 
chiefs  gave  way  to  returning  good  un 
derstanding  and  cordiality ;  although 
here  and  there  popular  ill-will  mani 
fested  itself  in  rather  serious  quarrels 
and  disputes  with  the  French  sailors 
and  marines. 

Sir  Henry  Clinton,  finding  that  Gen 
eral  Sullivan  had  effected  his  retreat 
from  Ehode-  Island,  set  out  on  his  re 
turn  to  New  York ;  but  that  the  expe 
dition  might  not  be  wholly  ineffectual, 
he  meditated  an  attack  on  New  London. 
The  wind,  however,  being  unfavorable 
to  the  enterprise,  he  gave  the  command 
of  the  troops  on  board  the  transports 
to  General  Grey,  with  orders  to  pro 
ceed  to  an  expedition  against  Buzzard's 
Bay,  and  continued  his  voyage  to  New 
York.  In  obedience  to  the  orders 
which  he  had  received,  Grey  sailed  to 
Acushnet  Elver,  where  he  landed,  on 
the  5th  of  September,  and  de 
stroyed  all  the  shipping  in  the 
river,  amounting  to  more  than  seventy 
sail.  He  burned  a  great  part  of  the 
towns  of  Bedford  and  Fairhaven,  the 
one  on  the  west  and  the  other  on  the 
east  bank,  ruthlessly  destroying  a  con 
siderable  quantity  of  military  and  na 
val  stores,  provisions,  and  merchandise. 
He  landed  at  six  in  the  evening ;  and 
so  rapid  were  his  movements,  that  the 
work  of  destruction  was  accomplished 
and  the  troops  reimbarked  before  noon 
the  next  day.  He  then  proceeded  to 
the  island  called  Martha's  Vineyard, 

*  See  Irving's  "Life  of  Washington,"  vol.  iii.,  p.  466. 


where  he  took  or  burned  several  ves 
sels,  destroyed  a  salt  work,  compelled 
the  inhabitants  to  surrender  their  arms, 
and  levied  upon  them  for  a  very  large 
supply  of  sheep  and  oxen,  which  proved 
a  seasonable  relief  to  the  British  in 
New  York. 

Congress,  meanwhile,  having  return, 
ed  to  Philadelphia,  took  occasion,  on  the 
6th  of  August,  to  receive  publicly,  and 
with  all  the  appropriate  ceremonies, 
M.  Gerard,  minister  plenipotentiary 
from  the  king  of  France.  He  delivered 
the  proper  letter  of  credence,  and 
made  a  complimentary  address,  which 
was  replied  to  by  Mr.  Laurens,  in  the 
same  strain,  in  behalf  of  Congress  and 
the  United  States.  Thus,  as  the  elo 
quent  Italian  historian  finely  says,  a 
king  extended  an  auxiliary  hand  to  a 
republic  against  another  king!  Thus 
the  French  nation  came  to  the  succor 
of  one  English  people  against  another 
English  people ;  thus  the  European 
powers,  who,  until  then  had  acknowl 
edged  no  other  independent  nations  in 
America,  except  the  savages  and  barba 
rians,  looking  upon  all  the  others  as  sub 
jects,  began  to  recognize  as  independ 
ent  and  sovereign  a  civilized  nation, 
and  to  form  alliance  with  it,  as  such, 
by  authentic  treaties.  An  event  as 
suredly  worthy  to  arrest  our  particu 
lar  attention ;  since  the  discovery  of 
America  by  Columbus,  none  of  equal 
or  of  similar  importance  had  passed  be 
fore  the  eyes  of  men.  Such,  in  Amer 
ica,  were  the  fruits  either  of  the  love 
of  liberty  or  the  desire  of  independ 
ence.  Such  were  the  consequences,  in 
Europe,  of  a  blind  obstinacy,  or  of  a 
pride  perhaps  necessary  on  the  one 


CH.  V.] 


DESTRUCTION   OF  WYOMING. 


23 


1778. 


part ;  of  jealousy,  of  power,  and  a  thirst 
of  vengeance  on  the  other ! 

We  may  properly  mention  in  this 
connection,  that  Dr.  Franklin, 
on  the  14th  of  September,  was 
appointed  by  Congress,  minister  pleni 
potentiary  to  France. 

In  consequence  of  the  ill  success  of 
the  royal  commissioners  in  America,  a 
disposition  was  manifested  by  the  Brit 
ish  officers  and  soldiers  to  treat  the 
Americans  as  incorrigible  rebels,  and 
unworthy  the  ordinary  comity  of  war. 
Several  instances  of  this  occurred  in 
the  course  of  the  year,  the  effects  of 
which  were  very  deplorable,  and  served 
to  aggravate  the  horrors  of  the  contest. 
The  history  of  Wyoming  and  its  sad 
fate,  illustrates  the  tragic  page  of 
American  annals.  We  give  the  story 
mainly  in  the  words  of  Dr.  Thacher, 
in  his  "Military  Journal." 

At  a  place  on  the  eastern  branch  of 
the  Susquehauuah  River  was  a  nourish 
ing  settlement  called  Wyoming.  It  con 
sisted  of  eight  townships,  containing  one 
thousand  families ;  and  such  was  the  zeal 
with  which  they  espoused  the  cause  of 
America,  that  they  voluntarily  raised 
about  one  thousand  soldiers  for  the 
continental  army.  The  climate  and  soil 
of  this  territory  are  admirably  adapt 
ed  to  the  production  of  grain,  hemp, 
fruit  and  stock  of  all  kinds.  The  in 
habitants  of  this  secluded  spot  might 
have  lived  in  the  enjoyment  of  all  the 
happiness  which  results  from  harmony 
and  the  purest  natural  affection.  But 
unfortunately  they  suffered  themselves 
to  be  divided  by  the  turbulent  spirit 
of  party,  distinguished  by  the  epithet 
of  whig  and  tory.  When  this  rancor- 


1778. 


ous  spirit  was  permitted  to  disclose  it 
self,  animosities  arose  to  such  an  aston 
ishing  height,  as  to  sever  the  tenderest 
ties  of  family  friendship,  and  the  dear 
est  connections.  Many  of  the  active  in 
habitants,  influenced  by  malice  and  re 
venge,  abandoned  their  plantations,  for 
sook  their  neighbors  and  friends,  and 
allied  themselves  with  the  savages, 
whom  they  instigated  and  assisted  in 
the  barbarous  work  of  slaughter  and 
death  among  their  friends.  The  inhabit 
ants,  on  receiving  intelligence  that  an 
enterprise  was  preparing  against  them, 
and  sensible  of  their  perilous  situation, 
threw  up  intrenchnients  and  redoubts, 
to  defend  themselves  against  the  gath 
ering  storm.  About  the  1st  of 
July,  the  ferocious  enemy,  con 
sisting  of  one  thousand  six  hundred 
tories,  Indians,  and  half-blooded  Eng 
lishmen,  approached  the  settlement, 
and  were  perceived  lurking  about  their 
borders.  This  motley  combination  was 
commanded  by  Colonel  John  Butler, 
a  tory  refugee,  and  others  no  less  in 
human  and  cruel  than  their  savage 
allies.  In  order  to  lull  the  inhabitants 
into  security,  the  enemy  several  times 
sent  messages  to  the  settlers  that  they 
had  no  hostile  designs  against  them, 
and  the  treacherous  Butler  himself  de 
clared  that  he  should  not  molest  them 
the  present  season.  The  inhabitants, 
however,  had  reason  to  distrust  their 
professions,  and  those  capable  of  bear 
ing  arms  were  immediately  embodied 
under  the  command  of  Colonel  Zebulon 
Butler,  cousin  to  the  commander  of  the 
savages.  The  women  and  children 
were  directed  to  take  refuge  in  the 
forts.  The  enemy  approached;  and, 


CLOSE  OF  THE  CAMPAIGN   OF   1778. 


[BK.  III. 


pretending  they  were  desirous  of  a  par 
ley,  proposed  that  Colonel  Zebulon 
Butler  should  meet  them  at  some  dis 
tance  from  the  fort  for  that  purpose. 
He  complied,  but  for  safety  took  with 
him  four  hundred  armed  men.  This 
proved  to  be  a  fatal  stratagem ;  he  soon 
found  himself  surrounded  and  attacked 
on  every  side ;  he  and  his  little  party 
defended  themselves  with  great  firm 
ness  and  bra'very ;  and  the  commander, 
with  about  twenty  of  his  men,  finally 
made  their  escape.  The  enemy  now 
rushed  on  and  invested  the  fort,  which 
they  cannonaded  most  of  the  day ;  and, 
horrid  to  relate,  when  they  sent  in  a 
demand  for  the  surrender,  it  was  ac 
companied  by  one  hundred  and  ninety- 
six  bloody  scalps  taken  from  those  who 
had  just  been  slain.  Colonel  Dennison, 
on  whom  the  command  of  the  fort  had 
devolved,  defended  himself  till  most  of 
his  men  had  fallen  by  his  side,  when 
he  went  out  with  a  flag,  to  inquire 
what  terms  would  be  granted  him  on 
surrendering  the  garrison?  He  re 
ceived  from  the  ferocious  Butler  a  re 
ply  in  two  words — "  the  luitclwt?  Colo 
nel  Dennison  was  finally  obliged  to  sur 
render  at  discretion,  still  retaining  a 
hope  of  mercy.  But  he  was  wofully 
mistaken;  the  threat  of  Butler  was 
rigorously  executed;  after  selecting  a 
few  prisoners,  the  remainder  of  the 
people,  including  women  and  children, 
were  inclosed  in  the  houses  and  bar 
racks,  which  were  immediately  set 
on  fire,  and  the  whole  consumed  to 
gether.  Another  fort  was  near  at  hand, 
in  which  were  seventy  continental  sol 
diers  ;  on  surrendering  without  condi 
tions,  these  were,  to  a  man,  butchered 


in  a  barbarous  manner;  when  the  re 
mainder  of  the  men,  women  and  chil 
dren  were  shut  up  in  the  houses,  and 
the  demons  of  hell  glutted  their  ven 
geance  in  beholding  their  destruction 
in  one  general  conflagration  ! 

This  tragical  scene  being  finished,  the 
merciless  authors  of  it  spread  fire  and 
sword  throughout  the  settlement,  spar 
ing,  however,  the  houses  and  farms  of 
the  tories ;  they  extended  their  cruel 
hands  to  the  cattle  in  the  field,  shooting 
some,  and  cutting  out  the  tongues  of 
others,  leaving  them  alive.  One  of  the 
prisoners,  a  Captain  Badlock,  was  com 
mitted  to  torture,  by  having  his  body 
stuck  full  of  splinters  of  pine  knots,  and 
a  fire  of  dry  wood  made  round  him, 
when  his  two  companions,  Captains 
Hanson  and  Durkee,  were  thrown  into 
the  same  fire,  and  held  down  with 
pitchforks  till  consumed.  One  Partial 
Terry,  the  son  of  a  man  of  respectable 
character,  having  joined  the  Indian 
party,  several  times  sent  his  father 
word  that  he  hoped  to  wash  his  hands 
in  his  heart's  blood ;  the  monster,  with 
his  own  hands,  murdered  his  father, 
mother,  brothers  and  sisters,  stripped 
off  their  scalps,  and  cut  off  his  father's 
head !  Thomas  Terry,  with  his  own 
hands,  butchered  his  own  mother,  his 
father-in-law,  his  sisters  and  their  in 
fant  children,  and  exterminated  the 
whole  family !  A  few  individuals,  most 
ly  women  and  children,  made  their  es 
cape  during  the  carnage  of  the  day, 
and  dispersed  themselves,  wandering 
in  the  woods,  destitute  of  provision  or 
covering,  shuddering  with  terror  and 
distress.  It  is  only  in  the  infernal  re 
gions  that  we  can  look  for  a  parallel  in- 


CH.  V.] 


IMPOLITIC  COURSE  OF  THE  BRITISH. 


stance  of  unnatural  wickedness.  The 
cries  of  widows  and  orphans  call  for 
the  avenging  hand  of  Heaven.  The 
name  of  Colonel  John  Butler  ought  to 
be  consigned  to  eternal  infamy,  for  the 
base  treachery  and  cruelty  with  which 
he  betrayed  his  kinsman,  Colonel  Zebu- 
Ion  Butler,  a  respectable  American  offi 
cer,  while  under  the  sanction  of  a  flag. 
Apprehending  that  possibly  Clinton 
might  be  intending  to  make  an  attack 
upon  Boston,  Washington  established 
his  head-quarters  at  Fredericksburg, 
thirty  miles  from  West  Point,  near  the 
borders  of  Connecticut.  The  return  of 
the  British  fleet  and  troops  to  New 
York  clearly  showed  that  the  enemy 
had  no  designs  in  that  direction.  Clin 
ton,  meanwhile,  was  not  inactive.  For 
aging  parties  were  sent  into  New  Jer 
sey;  and  the  same  merciless  conduct, 
which  we  have  before  noted,  character 
ized  the  British  troops  on  every  oc 
casion.  Colonel  Baylor's  regiment  of 
dragoons,  about  the  close  of  September, 
while  in  a  detached  position  near  Tap- 
pan,  to  watch  a  foraging  party  of  the 
enemy,  were  suddenly  surprised  and 
attacked  in  the  night.  The  slaughter 
was  terrible,  and  nearly  the 
whole  troop  was  bayoneted 
on  the  spot.  A  similar  savage  assault 
was  mad$  upon  Pulaski's  cavalry  corps, 
at  Egg  Harbor,  about  the  middle  of 
October ;  and  acts  of  cruelty  were  per 
formed  which  were  not  only  disgrace 
ful  in  civilized  warfare,  but  excited  to 
a  high  degree  the  spirit  of  hatred  and 
longing  for  revenge.  Mr.  Sparks,  in 
alluding  to  the  impolicy  as  well  as 
cruelty  of  the  British  expeditions  at 
this  time,  makes  the  following  remarks 


1TT8. 


which  are  well  worthy  the  reader's  at 
tention.  "  In  fact,"  he  says,  "  this  point 
of  policy  was  strangely  misunderstood 
by  the  British,  or  more  strangely  per 
verted,  at  every  stage  of  the  contest. 
They  had  many  friends  in  the  country, 
whom  it  was  their  interest  to  retain, 
and  they  professed  a  desire  to  conciliate 
others  ;  yet  they  burned  and  destroyed 
towns,  villages,  and  detached  farm 
houses,  plundered  the  inhabitants  with 
out  distinction,  and  brought  down  the 
savages,  with  the  tomahawk  and  scalp- 
ing-knife,  upon  the  defenceless  frontier 
settlements,  marking  their  course  in 
every  direction  with  murder,  desolation, 
and  ruin.  The  ministry  approved  and 
encouraged  these  atrocities,  flattering 
themselves  that  the  people  would  sink 
under  their  sufferings,  bewail  their  un 
happy  condition,  become  tired  of  the 
war,  and  compel  their  leaders  to  seek  an 
accommodation.  The  effect  was  directly 
the  contrary  in  every  instance.  The  peo 
ple  knew  their  rights,  and  had  the  com 
mon  feelings  of  humanity ;  and,  when 
the  former  were  wantonly  invaded,  and 
the  latter  outraged,  it  was  natural  that 
their  passions  should  be  inflamed,  and 
that  they  who  were  at  first  pacifically 
inclined,  should  be  roused  to  resistance 
and  retaliation.  If  the  British  cabinet 
had  aimed  to  defeat  its  own  objects,  and 
to  consolidate  the  American  people 
into  a  united  phalanx  of  opposition,  it 
could  not  have  chosen  or  pursued  more 
effectual  methods."* 

On  the  30th  of  October,  Congress, 
thoroughly  roused  by  the  course  pur 
sued  by  the  British  of  late,  passed  a 


1  Life  of  Washington,"  p.  282. 


CLOSE   OF  THE  CAMPAIGN   OF   1778. 


[BK.  III. 


resolve,  which  concluded  with  these 
emphatic  words :  "  We,  therefore,  the 
Congress  of  the  United  States  of 
America,  do  solemnly  declare  and  pro 
claim  that  if  our  enemies  presume  to 
execute  their  threats,  or  persist  in  their 
present  career  of  barbarity,  we  will 
take  such  exemplary  vengeance  as  shall 
deter  others  from  a  like  conduct.  We 
appeal  to  that  God  who  searcheth  the 
hearts  of  men,  for  the  rectitude  of  our 
intentions ;  and  in  his  holy  presence  we 
declare,  that,  as  we  are  not  moved  by 
any  light  and  hasty  suggestions  of 
anger  and  revenge,  so,  through  every 
possible  change  of  fortune,  we  will 
adhere  to  this  our  determination." 

Admiral  Byron,  who  was  appointed 
to  the  command  of  the  British  fleet,  as 
successor  of  Lord  Howe,  arrived  at 
New  York,  about  the  middle  of  Sep 
tember.  He  had  met  with  very  stormy 
weather,  and  the  fleet  had  suffered  not 
a  little.  He  made  every  ex 
ertion  to  repair  his  shattered 
squadron  ;  but  was  not  ready  for  sea 
till  the  18th  of  October,  when  he  sailed 
for  Boston  in  quest  of  D'Estaing.  Ill 
success  still  attended  him  ;  for  scarcely 
had  he  reached  the  Bay  of  Boston, 
when,  on  the'  1st  of  November,  a  vio 
lent  storm  arose,  which  drove  him  to 
sea,  and  so  disabled  his  ships,  that  lie 
was  obliged  to  hasten  to  Rhode  Island 
to  refit.  D'Estaing,  having  repaired 
his  fleet,  seized  the  opportunity  of  Ad 
miral  Byron's  absence,  to  put  to  sea,  on 
the  3d  of  November,  and  steered  for 
the  West  Indies.  On  the  same  day, 
General  Grant,  with  a  detachment  of 
six  thousand  men  from  the  British 
army,  convoyed  by  six  sail  of  the  line 


1778. 


under  Commodore  Hotham,  sailed  for 
the  same  quarter.  Towards  the  end 
of  the  month,  a  detachment  of  above 
two  thousand  British  troops,  under 
Lieutenant-colonel  Campbell,  embark 
ed  with  the  design  of  invading  the 
southern  states,  and .  was  escorted  by 
Commodore  Parker.  A  sufficient  force 
still  remained  at  New  York  for  its  de 
fence. 

The  campaign  in  the  northern  and 
middle  states  being  closed,  Washing 
ton  put  the  army  into  winter-quarters. 
The  main  body  of  the  troops  was 
stationed  on  both  sides  of  the  Hudson, 
near  Midcllebrook,  West  Point,  and 
Danbury.  The  artillery  was  at  Pluck- 
emin.  A  line  of  cantonments  was  thus 
formed  around  New  York,  from  Long 
Island  Sound  to  the  Delaware,  and  so 
arranged,  as  to  be  able  to  reinforce 
each  other  in  case  of  necessity.  Gen 
eral  Putnam  commanded  at  Danbury, 
and  McDougall  in  the  Highlands  ;  and 
Lincoln  was  sent  to  take  command  in 
the  southern  department.  The  greater 
part  of  the  troops  were  on  the  west 
side  of  the  river,  because  from  that 
quarter  the  supplies  of  bread  were 
drawn,  while  the  animal  food  was 
brought  from  the  states  of  New  Eng 
land;  and  it  was  easier  to  drive  the 
cattle,  than  to  transport  the  corn  from 
a  distance.  The  army  was  lodged  in 
huts,  as  in  the  preceding  winter;  but, 
by  means  of  the  French  alliance,  the 
men  were  more  comfortably  clothed 
than  formerly. 

It  was  a  source  of  great  anxiety  to 
the  commander-in-chief,  that,  at  this 
time,  jealousies  and  party  dissensions 
were  unhappily  prevalent  in  Congress. 


OH.  V.] 


WASHINGTON'S   LETTER  TO   HARRISON. 


The  distinguished  men  who  had  been 
members  of  that  body,  had,  to  a  con 
siderable  extent,  withdrawn,  and  the 
number  left  was  not  only  small,  but  of 
comparatively  little  weight  and  influ 
ence.  Between  twenty  and  thirty  mem 
bers  only  were  present,  in  general ;  fre 
quently  entire  states  were  unrepresent 
ed  ;  and  party  feuds  sadly  interfered 
with  the  efficiency  and  energy  of  Con 
gress.  Washington,  deeply  concerned 
at  all  this,  gave  expression  to  his  ap 
prehensions,  in  a  forcible  letter,  ad 
dressed  to  his  friend,  Benjamin  Har 
rison,  of  Virginia.  His  letter  was  dated 
December  18th. 

"  It  appears  as  clear  to  me,"  he  said, 

"  as  ever  the   sun  did  in  its  meridian 

brightness,  that  America  never 

17T8. 

stood  in  more  eminent  need  of 
the  wise,  patriotic,  and  spirited  exertions 
of  her  sons  than  at  this  period ;  and? 
if  it  is  not  a  sufficient  cause  for  general 
lamentation,  my  misconception  of  the 
matter  impresses  it  too  strongly  upon 
me,  that  the  states,  separately,  are  too 
much  engaged  in  their  local  concerns, 
and  have  too  many  of  their  ablest  men 
withdrawn  from  the  general  council, 
for  the  good  of  the  common  weal.  In 
a  word,  I  think  our  political  system 
may  be  compared  to  the  mechanism,  of 
a  clock,  and  that  we  should  derive  a 
lesson  from  it ;  for  it  answers  no  good 
purpose  to  keep  the  smaller  wheels  in 
order,  if  the  greater  one,  which  is  the 
support  and  prime  mover  of  the  wrhole, 
is  neglected. 

"How  far  the  latter  is  the  case,  it 
does  not  become  me  to  pronounce ;  but, 
as  there  can  be  no  harm  in  a  pious 
wish  for  the  good  of  one's  country,  I 


shall  offer  it  as  mine,  that  each  state 
would  not  only  choose,  but  absolutely 
compel  their  ablest  men  to  attend 
Congress;  and  that  they  would  in 
struct  them  to  go  into  a  thorough  in 
vestigation  of  the  causes,  that  have  pro 
duced  so  many  disagreeable  effects  in 
the  army  and  country ;  in  a  word,  that 
public  abuses  should  be  corrected. 
Without  this,  it  does  not,  in  my  judg 
ment,  require  the  spirit  of  divination  to 
foretell  the  consequences  of  the  present 
administration ;  nor  to  how  little  pur 
pose  the  states  individually  are  framing 
constitutions,  providing  laws,  and  filling 
offices  with  the  abilities  of  their  ablest 
men.  These,  if  the  great  whole  is  mis 
managed,  must  sink  in  the  general 
wreck,  which  will  carry  with  it  the  re 
morse  of  thinking  that  we  are  lost  by 
our  own  folly  and  negligence,  or  by  the 
desire  perhaps  of  living  in  ease  and 
tranquillity  during  the  expected  ac 
complishment  of  so  great  a  revolution, 
in  the  effecting  of  which,  the  greatest 
abilities,  and  the  most  honest  men,  our 
American  world  affords,  ought  to  be 
employed. 

"  It  is  much  to  be  feared,  my  dear 
sir,  that  the  states,  in  their  separate 
capacities,  have  very  inadequate  ideas 
of  the  present  danger.  Many  persons 
removed  far  distant  from  the  scene  of 
action,  and  seeing  and  hearing  such 
publications  only,  as  flatter  their  wishes, 
conceive  that  the  contest  is  at  an  end, 
and  that  to  regulate  the  government 
and  police  of  their  own  state  is  all  that 
remains  to  be  done  ;  but  it  is  devoutly 
to  be  wished  that  a  sad  reverse  of  this 
may  not  fall  upon  them  like  a  thunder 
clap,  that  is  little  expected.  I  do  not 


28 


CLOSE   OF  THE  CAMPAIGN  OF  1778. 


[BK.  III. 


mean  to  designate  particular  states.  I 
wish  to  cast  no  reflections  upon  any  one. 
The  public  believe  (and,  if  they  do  be 
lieve  it,  the  fact  might  almost  as  well 
be  so)  that  the  states  at  this  time  are 
badly  represented,  and  that  the  great 
and  important  concerns  of  the  nation 
are  horribly  conducted,  for  want  either 
of  abilities  or  application  in  the  mem 
bers,  or  through  the  discord  and  party 
views  of  some  individuals.  That  they 
should  be  so,  is  to  be  lamented  more  at 
this  time  than  formerly,  as  we  are  far 
advanced  in  the  dispute,  and,  in  the 
opinion  of  many,  drawing  to  a  happy 
period ;  we  have  the  eyes  of  Europe 
upon  us,  and  I  am  persuaded  many 
political  spies  to  watch,  who  discover 
our  situation,  and  give  information  of 
our  weaknesses  and  wants." 

The  shocking  calamity  at  Wyoming, 
related  on  a  preceding  page,  excited 
not  only  profound  sympathy  for  the 
sufferers  but  also  a  strong  desire  for 
the  punishment  of  the  savage  invaders. 
Accordingly,  Colonel  Hartley,  with  his 
regiment  and  two  companies  of  militia, 
set  out  at  an  early  clay  for  this  latter 
purpose.  He  marched  against  the  In 
dian  towns,  destroyed  some  of  them, 
and  took  a  few  prisoners ;  but  soon 
found  it  expedient  to  retreat.  He  was 
pursued  and  vigorously  attacked;  but 
repulsed  the  assailants  writh  loss.  The 
fourth  Pennsylvania  regiment,  with 
some  of  Morgan's  riflemen,  commanded 
by  Lieutenant-Colonel  "William  Butler, 
a  distinguished  partisan,  marched  for 
the  defence  of  the  Western  frontier. 
After  a  difficult  and  fatiguing  march, 
in  which  he  crossed  high  mountains 
and  deep  waters,  he  reached  the  Indian 


towns  of  Unadilla  and  Anaquaqua,  near 
the  sources  of  the  Susquehannah,  where 
a  considerable  quantity  of  corn  was  laid 
up  for  winter  provisions.  He  destroyed 
both  the  towns  and  corn,  drove  the 
savages  to  a  greater  distance  into  the 
interior,  and  rendered  their  incursions 
less  dangerous  to  the  unprotected  fron 
tier. 

On  the  morning  of  the  llth  of  No 
vember,  a  body  of  five  hundred  Indians 
under  Brant,  and  two  hundred  Hangers 
under  Walter  Butler,  made  an  irrup 
tion   into   the    settlement    at   Cherry 
Valley.     Colonel  Alden,  who  wras   in 
command  at  the  fort  there,  appeal's  to 
have  been  very  negligent  of  the  duty  of 
watching  and  providing  against  such  an 
attack,  and  consequently  the  surprise 
was  complete  and  the  slaughter  terrible. 
The  most  wanton  acts  of  cruelty  were 
committed;  and  the  whole  settlement 
was  speedily  desolated.     Judge  Camp 
bell,  who  gives  a  more  full  and  exact 
account  than  our  limits  admit,  mentions 
among  others,  one  instance  of  savage 
ferocity  which  we  shall  here  quote.     It 
relates  to  the  melancholy  end  of  Miss 
Jane  Wells.     "She  was  a  young  lady, 
not    distinguished    for    her    personal 
beauty,  but  endeared  to  her  friends  by 
her  amiable  disposition,  and  her  Chris 
tian  charities ;  one  '  in  whom  the  friend 
less  found  a  friend,'  and  to  whom  the 
poor  would   always   say,   'God   speed 
thee.'     She  fled  from  the  house  to  a 
pile  of  wood  near  by,  behind  which  she 
endeavored   to   screen   herself.     Here 
she  was  pursued  by  an  Indian,  who,  as 
he  approached,  deliberately  wiped  his 
bloody  knife  upon  his  leggins,  and  then 
placed  it  in  its  sheath ;  then  drawing 


CH.  V.] 


CLARKE'S  EXPEDITION  AGAINST  THE  INDIANS. 


his  tomahawk,  he  seized  her  by  the 
arm ;  she  possessed  some  knowledge  of 
the  Indian  language,  and  remonstrated, 
and  supplicated,  though  in  vain.  Peter 
Smith,  a  tory,  who  had  formerly  been 
a  domestic  in  Mr.  Wells's  family,  now 
interposed,  saying  she  was  his  sister, 
and  desiring  him  to  spare  her  life.  He 
shook  his  tomahawk  at  him  in  defiance, 
and  then,  turning  round,  with  one  blow 
smote  her  to  the  earth.  John  Wells, 
Esq.,  at  this  time  deceased,  and  the 
father  of  Robert  Wells,  had  been  one 
of  the  judges  of  the  courts  of  Try  on 
County;  in  that  capacity,  and  as  one 
of  the  justices  of  the  quorum,  he  had 
been  on  intimate  terms  with  Sir  Wil 
liam  Johnson  and  family,  who  fre 
quently  visited  at  his  house,  and  also 
with  Colonel  John  Butler,  likewise  a 
judge.  The  family  were  not  active 
either  for  or  against  the  country ;  they 
wished  to  remain  neutral,  so  far  as  they 
could,  in  such  turbulent  times;  they 
always  performed  military  duty,  when 
called  out  to  defend  the  country. 
Colonel  John  Butler,  in  a  conversation 
relative  to  them,  remarked :  '  I  would 
have  gone  miles  on  my  hands  and 
knees  to  have  saved  that  family,  and 
why  my  son  did  not  do  it  God  only 
knows.' "  * 

While  the  borders  of  Pennsylvania 
and  New  York  were  afflicted 
by  the  horrors  of  savage  war 
fare,  the  same  calamity  was  prepar 
ing  for  Virginia,  but  was  prevented  by 
the  courage  and  persevering  activity 
of  Colonel  George  Rogers  Clarke. 
At  the  head  of  some  of  the  western 

*  '•'•Border  Warfare  of  New  York,"  pp.  138,  9. 
VOL.  II.— 4 


1778. 


militia  of  Virginia,  by  incredible  ex 
ertions,  he  penetrated  to  the  British 
settlements  on  the  Mississippi,  and 
took  the  town  of  Kaskaskias,  a  de 
pendency  on  Canada,  which,  along 
with  that  province,  had  been  given 
up  to  the  British,  at  the  peace  of  1Y63. 
At  Kaskaskias  Clarke,  with  a  handful 
of  men,  was  far  removed  from  all 
support,  and  surrounded  by  numerous 
fierce  and  hostile  tribes ;  but  his  cour 
age  and  talents  were  equal  to  the  ar 
duous  circumstances  in  which  he  was 
placed;  and  he  showed  in  a  striking 
manner  what  difficulties  an  active  and 
enterprising  man  can  surmount.  His 
plans  were  formed  with  judgment," and 
executed  with  promptitude  and  in 
trepidity.  At  the  most  inclement  sea 
son  of  the  year,  he  suddenly  attacked 
the  Indians  in  their  villages,  turned 
their  usual  artifices  against  themselves, 
and  materially  lessened  ,the  ardor  of 
their  warriors. 

On  taking  Kaskaskias,  Clarke  made 
Rocheblave,  governor  of  the  place,  pris 
oner,  and  got  possession  of  all  his 
written  instructions  for  the  conduct  of 
the  war,  from  Quebec,  Detroit,  and 
Michilimackinac.  From  these  papers 
he  obtained  important  information  re 
specting  the  plans  of  Colonel  Hamilton, 
governor  of  Detroit,  who  was  intend 
ing  to  make  a  vigorous  and  extensive 
attack  upon  the  frontier  of  Virginia, 
Clarke  soon  received  intelligence  that 
Hamilton,  trusting  to  his  distance  from 
danger,  and  to  the  difficulty  of  ap 
proaching  him,  had  sent  off  all  his  In 
dians  to  alarm  and  harass  the  frontier, 
and  lay  securely  at  St.  Vincent,  with 
only  about  eighty  soldiers,  having  three 


30 


CLOSE   OF  THE   CAMPAIGN   OF   1778. 


[BK.  III. 


field-pieces  and  some  swivels.  Clarke, 
although  he  could  muster  only  one  hun 
dred  and  thirty  men,  determined  to  take 
advantage  of  Hamilton's  weakness  and 
security,  and  to  attack  him,  as  the  only 
means  of  saving  himself  and  of  discon 
certing  the  whole  of  Hamilton's  plan. 
Accordingly,  about  the  beginning  of 
February,  1779,  he  dispatched  a  small 
galley  which  he  had  fitted  out,  mount 
ing  two  four-pounders  and  four  swivels, 
manned  with  a  company  of  soldiers,  and 
carrying  stores  for  his  men,  with  orders 
to  force  her  way  up  the  Wabash,  to 
take  her  station  a  few  miles  below  St. 
Vincent,  and  to  allow  no  person  to  pass 
her.  He  himself  marched  with  his 
little  band,  and  spent  sixteen  days  in 
traversing  the  country  between  Kas- 
kaskias  and  St.  Vincent,  passing  with 
incredible  fatigue  through  woods  and 
marshes.  He  was  five  days  in  crossing 
the  drowned  lands  of  the  Wabash  ;  and 
for  five  miles  was  frequently  up  to  the 
breast  in  water.  After  overcoming 
difficulties  which  had  been  thought  in 
surmountable,  he  appeared  before  the 
place,  and  completely  surprised  it. 
The  inhabitants  readily  submitted,  but 
Hamilton  at  first  defended  himself  in 
the  fort:  next  day,  however,  he  sur 
rendered  himself  and  his  garrison  pris- 
oners-of-war.  By  his  activity  in  en 
couraging  the  hostilities  of  the  Indians, 
and  by  the  revolting  enormities  per 
petrated  by  those  savages,  Hamilton 
had  rendered  himself  so  obnoxious,  that 
the  executive  council  of  Virginia  threw 
him  and  some  of  his  immediate  agents 
into  prison,  and  put  them  in  irons. 

The  services  of  Clarke   proved   of 
essential  advantage  to  his  countrymen. 


It  disconcerted  the  plans  of  Hamilton, 
and  not  only  saved  the  Western  fron 
tier  of  Virginia  from  savage  inroads  at 
that  date,  but  also  greatly  cooled  the 
ardor  of  the  Indian  tribes  for  carrying 
on  a  contest  in  which  they  were  not 
likely  to  be  the  gainers. 

Advantageous  as  was  the  French 
alliance  to  the  cause  of  the  United 
States  in  general,  it  was  nevertheless 
not  without  considerable  ill  effect  upon 
the  community.  Public  and  private 
enterprise  lagged.  General  languor 
and  indifference  prevailed.  Consider 
ing  by  this  means  the  final  success  of 
their  cause  to  be  fully  assured,  and  ex 
hausted  with  a  long-protracted  struggle, 
the  Americans  began  to  grow  weary, 
and  shrink  from  the  sacrifices  required 
of  them.  The  recruiting  of  the  army 
proceeded  but  slowly,  and  the  greatest 
difficulty  was  experienced  in  providing 
for  its  wants.  The  dire  necessity  that 
existed  for  fresh  emissions  of  paper 
money  had  led  to  a  train  of  deplorable 
consequences.  All  attempts  to  sustain 
its  value  had  proved  abortive  ;  a  single 
dollar  in  cash  was  worth  eight,  and 
sometimes  twenty,  of  the  colonial  bills  ; 
and  the  mischief  was  still  further  in 
creased  by  the  immense  quantity  of 
forged  notes  introduced  by  the  tories. 
Prices,  as  a  matter  of  course,  rose  enor 
mously,  and  a  wide  field  was  open  to 
the  operations  of  speculators  and  con 
tractors,  a  body  of  whom  had  grown 
up  and  enriched  themselves  amidst  the 
distresses  of  their  country.  None  were 
greater  sufferers  than  the  army  by  this 
state  of  things ;  supplies  were  so  high 
that,  in  Carolina,  a  single  pair  of  shoes 
cost  $700  in  paper,  and  the  pay  of 


CH.  V.] 


THE  BRITISH  IN   GEORGIA. 


31 


privates  and  officers  was  insufficient  for 
more  than  bare  necessaries.  "  I  would 
to  God,"  said  Washington,  speaking  of 
these  speculating  wretches,  "  that  some 
one  of  the  more  atrocious  in  each  state 
was  hung  in  gibbets  upon  a  gallows 
five  times  as  high  as  the  one  prepared 
for  Hainan.  No  punishment,  in  my 
opinion,  is  too  severe  for  the  man  who 
can  build  his  greatness  upon  his  coun 
try's  ruin."  Hardly  any  thing  decisive 
had  been  performed  during  the  year. 
While  the  British  had  been  unable 
to  gain  any  ground,  the  French  and 
Americans  had  been  equally  unsuccess 
ful  in  their  attempts  to  expel  the 
enemy. 

Just  before  Christmas,  the  command- 
er-in-chief  proceeded  to  Philadelphia 
to  hold  personal  intercourse  with  Con 
gress,  and  consider  the  plans  for  the 
campaign  of  the  coming  year.  Some 
five  weeks  were  spent  in  this  important 
and  arduous  service  ;  and  it  was  finally 
concluded,  in  consequence  of  the  ex 
hausted  state  of  the  finances  and  the  gen 
eral  depression  throughout  the  country, 
to  act  principally  on  the  defensive,  ex 
cept  in  so  far  as  it  might  be  necessaiy 
to  punish  the  savage  inroads  on  the 
frontiers. 

Meanwhile,  the  British  having  failed 
in  their  efforts  at  the  north,  it  was  de 
termined  to  carry  on  offensive  opera 
tions  at  the  south.  Georgia  being  one 
of  the  weakest  states  in  the  Union,  and 
at  the  same  time  abounding  in  provis 
ions,  was  marked  out  as  the  first  object 
of  attack.  Colonel  Campbell,  as  above 
stated,  (p.  26,)  had  sailed  from 
New  York  for  the  south,  at  the 
close  of  November;  in  about  three 


17T8. 


weeks  he  effected  a  landing  near  the 
mouth  of  the  Savannah  River.  From 
the  landing  place  a  narrow  causeway 
of  some  six  hundred  yards  in  length, 
with  a  ditch  on  each  side,  led  through 
a  swamp.  The  passage  of  the  British 
was  disputed  by  a  small  party  of 
Americans,  but  unsuccessfully.  Gen 
eral  Robert  Howe,  to  whom  the  de 
fence  of  Georgia  was  committed,  with 
a  force  of  about  eight  hundred  Ameri 
cans,  placed  himself  between  the  morass 
and  city,  and  prepared  to  make  a  re 
solute  defence.  But  a  negro  having 
informed  Campbell  of  a  by-path,  by 
which  he  could  gain  the  rear  of  the 
Americans,  he  was  enabled  to  attack 
them  on  both  sides  at  once,  and  thus 
obtain  a  complete  victory.  More  than 
a  hundred  of  the  Americans  were 
killed,  and  between  four  and  five 
hundred  made  prisoners.  In  this  way, 
within  the  space  of  a  few  hours,  the 
British  possessed  themselves  of  the 
fort,  the  ammunition  and  stores,  the 
shipping  in  the  river,  a  large  quantity 
of  provisions,  and  the  capital  of  Georgia. 
The  broken  remains  of  the  American 
force  escaped  up  the  Savannah,  and 
crossed  into  South  Carolina. 

Savannah  having  fallen,  the  fort  at 
Sunbury  surrendered.  General  Pre- 
vost,  from  East  Florida,  took  the  com 
mand  of  the  combined  forces,  from 
New  York  and  St.  Augustine.  Pre 
vious  to  his  arrival,  a  proclamation  had 
been  issued,  to  encourage  the  inhabit 
ants  to  come  in  and  yield  submission, 
with  promises  of  protection,  on  condi 
tion  that  they  should  arm  in  support 
of  the  royal  cause.  Colonel  Campbell 
acted  with  great  policy  and  sagacity  in 


32 


CLOSE   OF  THE  CAMPAIGN   OF  1778. 


[BK.  III. 


securing  the  submission  of  the  inhabit 
ants.  He  accomplished  more  in  a  short 
time,  and  with  comparatively  a  small 
force,  towards  the  re-establishment 
of  the  British  interest,  than  all  the 
general  officers  who  had  preceded  him. 
He  not  only  subdued  opposition,  but, 
for  a  time,  removed  almost  every  trace 
of  republican  government,  and  paved 
the  way  for  a  revival  of  the  royal  legis 
lature.  In  fact,  this  was  the  only  state 
in  the  Union  in  which,  since  the  Dec 
laration  of  Independence,  a  legislative 
body  was  convened  under  the  author 
ity  of  the  crown.  The  prudence  and 
moderation  of  Colonel  Campbell  de 
serve  honorable  mention,  as  being  in 
marked  contrast  with  the  conduct  of 
most  of  the  British  officers  serving  in 
America. 

Through  the  unremitting  exertions 
of  Baron  Steuben,  who  had  served  un 
der  Frederic  the  Great,  a  more  sys 
tematic  and  thorough  discipline  was 
introduced  into  the  American  army. 
Having  been  appointed  inspector- 
general,  in  the  place  of  Conway,  he 
wrote  a  system  of  tactics,  which  was 
both  published  and  put  into  practice. 
Many  amusing  anecdotes  are  told  of 
the  way  in  which  Steuben  labored, 
amid  every  sort  of  difficulty,  to  reduce 
the  discordant  evolutions  of  the  troops 
from  different  states,  into  uniform 
method  and  efficiency  in  the  field.  A 
very  important  reform  also  took  place 
in  the  medical  department  of  the  army, 
which  consisted  in  appointing  different 
officers  to  attend  to  the  directing  and 
purveying  business  of  the  military  hos 
pitals,  which  had  previously  been  in  the 
hands  of  the  same  persons.  This  bene 


ficial  change  was  mainly  due  to  the 
efforts  of  Dr.  Rush. 

The  naval  operations  of  the  United 
States  at  this  date,  were,  from  the  na 
ture  of  things,  not  carried  on  with  the 
same  important  results  as  in  the  case 
of  those  of  the  army  under  Washing 
ton.  The  number  of  vessels  was  small, 
and  usually  of  very  inferior  force  ;  and 
the  vast  extent  and  force  of  the  British 
navy  seemed  to  render  hopeless  all  at 
tempts  at  coping  with  so  powerful  an 
adversary  on  the  ocean.  Yet,  as  Mr. 
Cooper  shows,  in  his  "  Naval  History," 
the  navy  was,  in  many  respects,  a  very 
efficient  agent  in  forwarding  the  cause 
of  the  country.  Over  three  hundred 
English  vessels  had  been  taken  by 
American  cruisers  in  17Y6  ;  and  during 
1YYY,  notwithstanding  England  kept 
seventy  sail  of  men-of-war  on  the  Amer 
ican  coast  alone,  she  lost  four  hundred 
and  sixty-seven  merchantmen,  some  of 
which  were  of  great  value.  On  the 
other  hand,  it  must  not  be  forgotten, 
that  the  Americans  met  with  many  dis 
asters,  and  a  large  number  of  their 
privateers  fell  into  the  hands  of  the 
enemy. 

The  French  alliance,  in  1778,  effected 
a  change  in  the  position  of  affairs  on  the 
ocean,  and  Congress  devoted  a  good 
deal  of  attention  to  naval  matters ;  sev 
eral  new  vessels  were  built,  and  others 
were  purchased ;  and  the  present  year 
gave  token  of  the  spirit  and  ability  of 
some  of  our  earlier  naval  officers 
in  contending  with  a  navy  usu 
ally  held  to  be  invincible.  Early  in 
the  year,  Captain  Biddle,  in  the  Ran 
dolph,  a  frigate  of  thirty-six  guns,  en- 
gnged  his  majesty's  ship,  the  Yarmouth. 


1778. 


CH.  V.] 


EXPLOITS   OF  NAVAL  OFFICERS. 


33 


a   sixty-four :  but  after   an  action  of 

i/ 

twenty  minutes,  the  Randolph  blew  up 
and  Captain  Biddle  and  crew  perished, 
with  the  exception  of  only  four  men, 
who  were  picked  up  a  few  days  after 
on  a  piece  of  wreck.  The  celebrated 
Paul  Jones  made  his  appearance  on  the 
English  coast  during  this  year,  and  ren 
dered  his  name  a  terror  by  the  bold 
and  daring  exploits  which  he  perform 
ed.*  Captain  Barry,  off  the  coast  of 
Maine,  behaved  in  a  most  gallant  man 
ner,  in  an  action  with  two  English  ships, 
sustaining  the  contest  for  seven  hours, 
and  at  last  escaping  with  his  men  on 
shore.  Captain  Talbot,  respecting  one 
of  whose  enterprises  we  have  previ 
ously  spoken,  (see  vol.  i.  p.  429,)  in  Octo 
ber,  of  this  year,  distinguished  himself 
by  another  well  planned  and  successful 
attack  upon  a  British  vessel,  off  Rhode 
Island.  The  schooner  Pigot,  moored  at 
the  mouth  of-  Seconset  River,  effectually 
barred  the  passage,  broke  up  the  local 
trade,  and  cut  off  the  supplies  of  pro 
visions  and  reinforcements  for  that 
part  of  the  colony.  Talbot,  earnestly 
desirous  of  relieving  the  country  of  this 
annoyance,  obtained  the  consent  of 
General  Sullivan  to  make  the  attempt. 
With  his  usual  alacrity,  he  set  about 
the  affair,  and  was  entirely  successful. 
The  Pigot  was  captured  and  carried 
off  in  triumph  by  the  gallant  band  un- 

*  See  Cooper's  "  Natal  History"  vol.  i.,  pp.  87-90. 


177§. 


der  Talbot.  In  the  succeeding  Novem 
ber,  Captain  Talbot  received  a  compli 
mentary  letter  from  the  president,  of 
Congress,  together  with  a  resolve  of 
Congress,  presenting  him  with  the  com 
mission  of  Lieutenant-Colonel  in  the 
Army  of  the  United  States.* 

We  may  properly  conclude  the  pres 
ent  chapter  with  the  record  of  the  adop 
tion  of  the  Articles  of  Confederation, 
which,  as  we  have  before  stated,  (vol.  i. 
p.  516,)  were  submitted  to  the  legis 
latures  of  the  several  states  in  Novem 
ber,  1 T  7  7  .f  The  smaller  states, 
as  Rhode  Island,  Delaware, 
New  Jersey  and  Maryland,  hesitated 
for  some  time  about  adopting  the  Ar 
ticles,  principally  on  account  of  the  un 
settled  character  of  the  question  to 
whom  the  vast  Western  territory  of 
the  United  States  belonged;  finally, 
however,  with  a  noble  spirit  of  patrio 
tic  trust  in  the  integrity  and  honor  of 
the  larger  states,  to  whom  New  York 
set  an  admirable  example,  these  states 
also  ratified  the  Articles  of  Confeder 
ation,  and  the  government,  under  this 
arrangement,  was  complete  in  March, 
1781. 


*  See  Mr.  Tuckcrman's  "  Life  of  Commodore  Tal- 
lot,"  pp.  52-64. 

f  See  Curtis's  "History  of  the  Constitution,''''  pp. 
142-151,  for  a  full  and  able  discussion  of  the  nature 
and  powers  of  the  Confederation,  and  the  lofty  spirit 
of  patriotism  which  led  to  the  final  adoption  of  its 
Articles.  Consult  also  Pitkin's  "Political  and  Civil 
History  of  the  United  States,"  vol.  ii.  pp.  16-30. 


34 


EVENTS   OF  THE  WAR   DURING    1779. 


[Bx.  III. 


CHAPTER    VI. 

1779, 

EVENTS     OF     THE     WAR     DURING     1779. 

General  Lincoln  at  the  South  —  The  British  force  —  Addition  of  tories  from  South  Carolina  —  A  horde  of  banditti  — 
Pickens  defeats  them  —  Lincoln's  movements  —  Prevost  makes  an  irruption  into  South  Carolina  —  Threatens 
Charleston  —  Lincoln  pursues  him  —  Prevost  retreats  —  Battle  at  Stono  Ferry  —  British  irruption  into  South 
Carolina  —  Very  discreditable  —  General  Matthews  in  Virginia  —  Relaxation  of  national  vigor  —  Washington's 
struggles  against  it  —  The  New  Jersey  brigade  refuse  to  march  —  Serious  trial  to  "Washington  —  How  settled 
at  last  —  Stony  Point  taken  by  the  British  —  Irruption  into  Connecticut  under  Tryon  —  Brilliant  exploit  of 
Wayne  —  Stony  Point  taken  by  assault  —  Attack  on  Fort  Lafayette  fails  —  Stony  Point  abandoned  —  Expedi 
tion  against  the  British  at  Penobscot  —  Unsuccessful  —  Lee's  gallant  attack  on  Paulus  Hook  —  Glimpse  at 
Washington's  life  at  West  Point  —  Course  pursued  by  Congress  towards  the  Indians  —  Their  ravages  — 
Necessity  of  severely  punishing  them  —  Sullivan  in  command  —  Orders  of  Washington  —  Success  of  the  expedi 
tion —  The  French  in  the  West  Indies  —  D'Estaing  and  Lincoln  attack  Savannah  —  Failure  of  the  combined 
assault  —  White's  successful  stratagem  —  Spain  joins  the  alliance — Paul  Jones — His  famous  naval  battle  — 
American  army  go  into  winter-quarters  —  Washington  unable  to  undertake  active  operations — Some  remarks 
as  to  the  trials  and  difficulties  of  this  pei'iod  —  Lukewarmness,  apathy,  lust  for  riches,  decay  of  public  virtue, 
speculations  in  paper  money,  party-spirit,  etc.  APPENDIX  TO  CHAPTER  VI.  —  The  Continental  Paper  Currency. 


GENERAL  LINCOLN,  who  had  been  ap 
pointed  to  the  command  in  the  southern 
department,  in  place  of  Howe,  arrived, 
towards  the  close  of  1Y78,  at  Charles 
ton,  and  entered  with  vigor  and  alac 
rity  upon  the  duties  of  his  post. 
He  found  the  troops  not  only  badly 
disciplined  but  miserably  furnished. 
North  Carolina  had  complied  with  the 
recommendation  of  Congress,  and  had 
dispatched  two  thousand  men  under 
Generals  Ashe  and  Rutherford  to  join 
Lincoln,  who,  receiving  intel 
ligence  of  Howe's  defeat  in 
Georgia,  established  his  head-quarters 
at  Purysburg,  on  the  Savannah,  on 
the  3d  of  January.  The  force  under 
his  command  amounted  to  between 
three  thousand  and  four  thousand 
men,  many  of  them  new  levies  and 
militia,  who  were  strangers  to  the  dis 
cipline  and  subordination  of  a  camp. 
The  army  of  General  Prevost  was  some- 


1779. 


what  more  numerous,  and  greatly  su 
perior  in  the  quality  of  the  troops.  But 
with  all  his  advantages  it  was  not  easy 
for  General  Prevost  to  advance  into 
South  Carolina ;  for  the  Savannah  River 
flowed  between  the  two  armies.  Its 
channel,  indeed,  is  not  wide ;  but  for  one 
hundred  miles  from  its  mouth  it  flows 
through  a  marshy  country,  which  it 
often  inundates  to  the  breadth  of  from 
two  to  four  miles.  At  no  one  place  is 
there  solid  ground  on  both  sides  to  the 
brink  of  the  river.  A  few  narrow 
causeways  running  through  the  marsh 
are  the  only  places  where  it  can  be 
passed,  and  on  many  occasions  these 
cannot  be  crossed  by  an  army.  This 
circumstance  made  it  difficult  for  Gen 
eral  Prevost  to  enter  South  Carolina, 
and  inexpedient  for  General  Lincoln  to 
make  any  attempt  on  the  British  posts, 
although  they  extended  from  Savannah 
to  Augusta. 


OH.  VI.] 


SURPRISE  AND   DEFEAT  OF  GENERAL  ASHE. 


35 


The  coast  of  Georgia  and  South  Car 
olina  is  broken  and  irregular,  abound 
ing  in  islands,  and  intersected  by  arms 
of  the  sea.  General  Prevost  detached 
Major  Gardener,  with  two  hundred 
men,  to  take  possession  of  the  Island  of 
Port  Royal ;  but  that  officer  was  soon 
attacked  by  General  Moultrie,  who, 
early  in  February,  compelled  him  to 
retreat  with  loss.  Deterred  by  that 
check,  General  Prevost,  for  some  time, 
made  no  further  attempts  on  South 
Carolina. 

Confining  their  operations  for  the 
present  to  Georgia,  the  British  endeav 
ored  to  add  to  their  available  force 
by  additions  from  the  tories  of  Caro 
lina.  Some  seven  hundred  of  these 
were  embodied  under  Colonel  Boyd, 
and  marched  along  the  western  fron 
tier  of  South  Carolina  to  join  the 
British  at  Augusta  in  Georgia.  Their 
march  was  signalized  by  scandalous 
plundering  and  outrage,  and  they  re 
sembled  more  a  horde  of  banditti  than 
a  body  of  troops  enrolled  under  royal 
authority.  Colonel  Pickens,  upon  in 
telligence  of  their  progress  and  rapine 
—we  quote  the  account  furnished  by 
Gordon — collected  the  whig  militia  of 
the  district  of  Ninety  Six.  He  left  a 
guard  at  the  Cherokee  fort  to  impede 
their  crossing  the  Savannah,  while  he 
went  upon  some  other  service ;  during 
his  absence  they  made  good  their  pas 
sage.  He  immediately  followed  them 
with  three  hundred  men;  February 
14th,  came  up  with  and  engaged  them 
about  three-quarters  of  an  hour,  when 
they  gave  way  and  were  totally  routed. 
They  had  forty  killed,  including  their 
leader,  Colonel  Boyd,  who  had  been 


secretly  employed  by  the  British  to 
collect  and  head  them.  Pickens  had 
nine  killed  and  several  wounded.  By 
this  action  the  tories  were  dispersed 
all  over  the  country.  Some  ran  to 
North  Carolina.  Many  returned  home, 
and  cast  themselves  upon  the  mercy  of 
their  state  government.  Being  the 
subjects  of  South  Carolina,  they  were 
tried  in  regular  manner,  and  seventy 
were  condemned  to  die ;  but  sentence 
was  executed  only  on  five  principals, 
and  the  rest  were  pardoned. 

The  British  having  extended  their 
posts  up  the  river,  General  Lincoln 
fixed  encampments  at  Black  Swamp, 
and  nearly  opposite  to  Augusta  on  the 
north  side.  With  a  view  of  strengthen 
ing  the  last,  and  improving  any  ad 
vantages  which  might  offer  for  crossing 
the  river,  and  limiting  the  British  to 
the  sea-coast  of  Georgia,  General  Ashe 
was  ordered  to  the  upper  parts  of  the 
country.  He  began  his  march,  on  the 
10th  of  February,  with  one  thousand 
five  hundred  North  Carolina  militia, 
and  the  remains  of  the  Georgia  con 
tinentals  ;  and  on  the  13th,  in  the  even 
ing,  reached  General  Williamson's  camp 
opposite  Augusta.  That  same  night 
Colonel  Campbell  made  so  hasty  a 
retreat  from  Augusta,  that,  by  eight 
the  next  morning,  he  had  marched 
fourteen  miles  lower  down.  This  pre 
cipitate  movement  was  owing  to  some 
false  intelligence  respecting  either 
Ashe's  force,  or  the  arrival  of  a  large 
body  of  continentals  at  Charleston; 
which  Campbell  credited,  and  from 
whence  he  inferred  the  necessity  of  an 
immediate  retreat  to  prevent  his  being 
cut  off.  Lincoln,  finding  that  he  had 


36 


EVENTS   OF  THE   WAR   DURING   1779. 


[BK.  III. 


quitted  Augusta,  wrote  to  Ashe,  Feb 
ruary  16th,  that  it  was  of  the  greatest 
importance,  that  if  the  enemy  was  out 
of  the  upper  part  of  the  country,  he 
should  follow  them  down  as  fast  as 
possible,  lest  by  a  forced  march  they 
should  join  their  own  troops  below,  at 
tempt  his  post,  and  drive  him  from  it, 
before  he  (Ashe)  could  come  up  with 
their  rear.  Lincoln,  on  the  22d,  sent 
him  the  following  intimation — "  I  think 
that  Briar  Creek  will  be  a  good  stand 
for  yon,  until  some  plan  of  co-operation 
be  digested,  for  which  purpose,  as  soon 
as  you  arrive  there,  I  will  meet  you  at 
the  Two  Sisters,  you  appointing  the 
time."  Ashe  crossed  the  Savannah 
with  about  one  thousand  two  hundred 
troops,  beside  two  hundred  light  horse. 
On  Saturday  morning,  the  2  7th,  the 
army  arrived  at  the  lower  bridge  on 
Briar  Creek.  The  next  day  Generals 
Brian  and  Elbert  took  possession  of  a 
proper  spot  of  ground  at  twelve  o'clock 
and  encamped,  Ashe  having  gone  to 
meet  Lincoln.  On  March  the  2d,  the 
officer  of  the  day  reported,  that  re 
connoitring  parties  of  the  enemy's  horse 
and  foot  had  been  seen  within  their 
piquets  the  night  preceding.  Ashe  re 
turned  the  same  evening  to  the  camp. 
On  Wednesday,  the  3d,  nothing  was  in 
forwardness  for  repairing  the  bridge 
which  Campbell  had  destroyed  in  his 
return  downward,  though  it  had  been 
reported  five  days  before,  that  the  re 
pair  would  take  but  six  hours.  About 
two  in  the  afternoon,  information  was 
given,  that  one  of  their  soldiers  had  six 
balls  shot  through  his  body;  little  or 
no  notice  was  taken  of  it.  Within  an 
hour  after,  an  account  wras  brought  that 


five  hundred  British  regulars  were  at 
the  ferry.  At  half-past  four,  a  few  of 
the  American  horse  returned  from 
skirmishing  with  the  enemy,  when 
orders  were  issued  for  the  troops  to  be 
formed  into  platoons  from  the  right, 
and  composed  into  a  column :  it  was 
not  long  before  the  British  light  in 
fantry  appeared.  Lieutenant-Colonel 
Prevost,  after  a  circuitous  march  of 
about  fifty  miles,  in  which  lie  crossed 
Briar  Creek,  fifteen  miles  above  Ashe's 
encampment,  came  unexpectedly  on  his 
rear  with  a  detachment  of  about  nine 
hundred  men,  including  some  horse. 
Upon  the  appearance  of  the  British 
light  infantry,  Ashe  said  to  Elbert,  who 
commanded  the  continentals  —  "  Sir, 
you  had  better  advance  and  engage 
them."  They  did  not  exceed  one  hun 
dred  rank  and  file,  but  upon  Elbert's 
ordering  them,  they  formed,  advanced 
thirty  yards  in  front  of  the  enemy,  and 
commenced  a  very  sharp  fire  upon 
them,  which  continued  about  fifteen 
minutes.  Ashe  and  the  North  Carolina 
militia  remained  about  a  hundred  yards 
in  the  rear  entirely  inactive.  Instead 
of  advancing  to  support  the  continen 
tals,  they  were  struck  with  such  a  panic 
at  being  so  completely  surprised,  that 
they  went  to  the  right  about,  and  fled 
in  confusion  without  discharging  a  sin 
gle  musket.  The  few  Georgia  regulars, 
finding  themselves  thus  deserted,  and 
being  surrounded  by  a  great  part  of 
the  enemy,  broke  and  endeavored  also 
to  escape.  Elbert  did  every  thing  to 
rally  them,  but  in  vain.  He  and  the 
survivors  of  his  brave  corps  were  made 
prisoners.  About  one  hundred  and 
fifty  Americans  were  killed,  and  one 


Cn.  VI.] 


MOVEMENTS   OF  PREVOST  AND   LINCOLN. 


hundred  and  sixty-two  were  captured. 
None  had  any  chance  of  escaping  but 
by  crossing  the  river,  in  attempting 
which  many  were  drowned ;  of  those 
who  got  over  safe,  a  great  part  returned 
home  and  never  more  rejoined  the 
American  camp;  the  number  that 
joined  it,-  did  not  exceed  four  hundred 
and  fifty  men.  This  event  deprived 
General  Lincoln  of  one-fourth  of  his 
number,  secured  to  the  British  the  pos 
session  of  Georgia,  and  opened  a  com 
munication  between  them,  the  Indians,, 
and  the  tories  of  South  and  North 
Carolina. 

The  people  of  South  Carolina,  so  far 
from  being  inclined  to  submit  to  the 
British  authority,  only  nerved  them 
selves  to  greater  exertion  in  defence 
of  their  liberty.  John  Rutledge  was 
elected  governor;  a  reinforcement  of 
a  thousand  men  was  furnished,  and 
on  the  23d  of  April,  General  Lincoln 
marched  up  the  Savannah  with  the 
main  body  of  his  army.  This  move 
ment  was  designed  in  part  to  afford 
protection  to  the  Georgia  legislature, 
which  was  to  assemble  at  Augusta,  on 
the  1st  of  May. 

At  that  time  the  river  was  in  full 
flood,  and  overflowed  the  marshes  on 
its  margin.  The  rivulets  were  swollen, 
and  the  swamps  inundated ;  and  there 
fore  it  was  believed  that  a  small  mili 
tary  force  would  be  able  to  defend  the 
country  against  an  invading  enemy. 
Accordingly,  for  the  protection  of  the 
lower  districts,  General  Lincoln  left 
only  two  hundred  continentals,  and 
eic;ht  hundred  militia,  under  Colonel 

O  ' 

MTntosh,  the  whole  commanded  by 
General  Moultrie,  who  had  distinguish- 

VOL.  TL— 5 


ed  himself  by  his  brave  defence  of  Sul 
livan's  Island,  in  the  year  1*776.  It  was 
expected  that  if  an  invasion  of  the 
lower  parts  of  South  Carolina  should 
be  attempted  in  Lincoln's  absence,  the 
militia  would  promptly  fake  the  field 
in  defence  of  the  country. 

Instead  of  marching  up  the  river, 
and  encountering  General  Lincoln  in 
the  interior,  General  Prevost  consid 
ered  an  irruption  into  South  Carolina 
the  best  means  of  recalling  that  officer 
from  the  enterprise  in  which  he  was 
engaged.  Accordingly,  on  the  29th  of 
April,  when  Lincoln  was  far  advanced 
on  his  way  to  Augusta,  General  Prevost, 
with  two  thousand  five  hundred  troops 
and  a  considerable  number  of  Indian 
allies,  suddenly  passed  the  river  near 
Purysburg.  Colonel  M'Intosh,  who  was 
stationed  there  with  a  small  de 
tachment,  retreated  to  General 
Moultrie  at  Black  Swamp.  General  Pre 
vost  advanced  rapidly  into  the  country ; 
and  Moultrie  was  obliged  to  retire  hast 
ily  before  him,  destroying  the  bridges 
in  his  rear.  The  militia  who  were  in  the 
field  showed  no  courage,  and  could  not 
be  prevailed  on  to  defend  the  passes 
with  any  degree  of  bravery.  The  mi 
litia  of  the  state  did  not  appear  in  arms 
as  had  been  expected ;  and  Moultrie 
experienced  an  alarming  diminution  of 
his  strength,  by  the  desertion  of  many 
of  those  under  his  command. 

Immediately  after  the  passage  of 
the  river  by  the  British,  an  express 
was  sent  to  Lincoln,  then  nearly  op 
posite  Augusta,  informing  him  of  the 
event.  He  considered  Provost's  move 
ment  as  a  feint  to  recall  him  from  the 
upper  parts  of  the  river,  and  deter- 


1779. 


EVENTS  OF  THE  WAR  DURING  1779. 


[BK.  111. 


mined  to  prosecute  his  plan,  and  com 
pel  the  British  general  to  return  for 
the  defence  of  the  capital  of  Georgia. 
Meanwhile,  he  dispatched  three  hun 
dred  light  troops  to  Moultrie's  assist 
ance,  and  crossing  the  river  at  Augusta, 
he  marched  down  on  the  south  side  to 
wards  Savannah. 

General  Lincoln,  finding  that  Prevost 
was  pushing  forward  to  attack  Charles 
ton,  recrossed  the  Savannah  and  pur 
sued  him.  The  British  advanced  with 
but  little  opposition.  Moultrie  was  not 
strong  enough  to  oppose  them ;  and  the 
desolation  and  plundering  on  the  part 
of  the  invaders  spread  a  general  panic  in 
every  direction.  In  Charleston,  mean 
while,  every  preparation  was  made  for 
its  defence.  The  houses  in  the  suburbs 
were  burnt.  Lines  and  abattis  were, 
in  a  few  days,  carried  across  the  penin 
sula  between  Ashley  and  Cooper  Rivers, 
and  cannon  were  mounted  at  proper 
intervals  on  its  whole  extent.  Though 
it  had  not  been  contemplated  that  the 
city  would  be  attacked  on  the  land  side, 
yet  by  unremitting  assiduity,  in  which 
the  slave  and  his  master  labored  to 
gether,  great  preparations  were  made, 
and  a  force  of  three  thousand  three 
hundred  men  assembled  in  Charleston 
to  repel  the  threatened  attack. 

On  the  llth  of  May,  a  detachment 
of  Prevost's  force  crossed  the  ferry  over 
the  Ashley  River  and  appeared  before 
Charleston.  Governor  Rutledge,  desir 
ous  of  gaining  time,  and  knowing  that 
Lincoln  was  pushing  forward  towards 
the  city,  occupied  the  day  in  negotia 
tion.  Commissioners  from,  the  garrison 
were  instructed  to  "propose  a  neu 
trality  during  the  war  between  Great 


Britain  and  America,  and  that  the 
question  whether  the  state  shall  belong 
to  Great  Britain,  or  remain  one  of  the 
United  States,  be  determined  by  the 
treaty  of  peace  between  these  powers." 
Prevost  declined  acceding  to  this  pro 
posal,  and  insisted  that,  being  in  arms, 
they  must  surrender  as  prisoners  of 
war.  This,  of  course,  was  refused,  and 
an  assault  was  expected ;  but,  during 
the  night,  Prevost  deemed  it  expedient 
to  retreat,  especially  as  General  Lincoln 
was  fast  approaching  on  his  rear,  and 
he  had  no  hope  of  carrying  the  city  by 
assault. 

General  Prevost  did  not  set  out  on 
his  return  to  Savannah  by  the  direct 
road,  as  he  had  advanced ;  for  in 
Charleston  there  was  a  numerous  gar 
rison  in  his  rear,  and  Lincoln  was  near 
at  hand  with  his  army.  Therefore,  af 
ter  passing  Ashley  Ferry,  he  turned  to 
the  left  and  proceeded  to  the  coast, 
which,  abounding  with  islands,  and  be 
ing  intersected  by  arms  of  the  sea  all 
the  way  to  the  mouth  of  the  Savannah, 
afforded  him,  in  consequence  of  the 
naval  superiority  of  Britain,  the  easiest 
and  safest  method  of  returning  with  all 
his  baggage  to  Georgia.  He  first  passed 
into  the  Island  of  St.  James,  and  then 
into  that  of  St.  John,  where  he  took 
post  till  the  arrival  of  a  supply  of 
provisions,  which  he  had  for  some  time 
expected  from  New  York.  By  hasty 
marches  General  Lincoln  had  arrived 
at  Dorchester,  not  far  from  Charleston, 
before  General  Prevost  left  Ashley 
Ferry;  and  when  the  British  troops 
proceeded  to  the  coast,  Lincoln  fol 
lowed  and  encamped  near  them,  both 
armies  being  about  thirty  miles  from 


Cu.  VI.] 


THE  BRITISH  IN    SOUTH   CAROLINA. 


1779. 


Charleston.  Both  armies  remained  in 
their  respective  positions  until  the 
20th  of  June,  when  an  attack  was  made 
by  about  twelve  hundred  Americans  on 
some  seven  hundred  British  advantage 
ously  posted  at  Stono  Ferry. 
The  battle  was  severely  con 
tested  for  over  an  hour,  and  had  the 
force  under  Moultrie  been  able  to  exe 
cute  its  part,  by  passing  over  to  James 
Island  in  time,  victory  no  doubt  would 
have  declared  for  the  Americans.  Lin 
coln,  however,  thought  it  most  prudent 
to  retire,  and  drew  off  his  troops  in 
good  order.  The  British  had  three 
officers  and  twenty-three  privates  kill 
ed,  and  ten  officers  and  ninety-three 
privates  wounded.  The  Americans  lost 
five  officers,  who  died  of  their  wounds, 
and  thirty-five  privates  who  were  killed 
on  the  field  of  battle,  besides  nineteen 
officers  and  one  hundred  and  twenty 
privates  wounded. 

Three  days  after  the  battle,  the  Brit 
ish  troops  evacuated  the  post  at  Stono 
Ferry,  and  also  the  Island  of  St.  John, 
passing  along  the  coast  from  island  to 
island  till  they  reached  Beaufort  in  the 
Island  of  Port  lloyal,  where  General 
Prevost  left  a  garrison  under  the 
command  of  Lieutenant-Colonel  Mait- 
land.  . 

The  heat,  which  in  the  southern 
provinces  as  effectually  puts  a  stop  to 
military  operations  during  summer  as 
the  cold  of  the  north  in  winter,  was 
now  become  too  intense  for  active  ser 
vice.  The  care  of  the  officers,  in  both 
armies,  was  employed  in  preserving 
their  men  from  the  fevers  of  the  season, 
and  keeping  them  in  a  condition  for 
sendee  next  campaign,  which  was  ex 


pected  to  open  in  October.  The  Amer 
ican  militia  dispersed,  leaving  General 
Lincoln  with  about  eight  hundred  men, 
whom  he  marched  to  Sheldon,  a  healthy 
situation  in  the  vicinity  of  Beaufort. 

The  alarm  for  the  safety  of  the 
southern  states  was  so  great,  that  Gen 
eral  Washington,  weak  as  his  army  was, 
weakened  it  still  farther  by  sending  a 
detachment,  consisting  of  Eland's  regi 
ment  of  cavalry,  and  the  remnant  of 
that  lately  under  Baylor,  but  now  com 
manded  by  Lieutenant-Colonel  Wash 
ington,  with  some  new  levies,  to  rein 
force  General  Lincoln. 

The  irruption  of  General  Prevost  into 
South  Carolina  did  no  credit  to  the 
British  army,  nor  did  it  in  any  degree 
serve  the  royal  cause,  although  it  oc 
casioned  great  loss  to  the  inhabitants 
of  the  province.  The  British  army 
marked  its  course  every  where  by 
plunder  and  devastation.  It  spread 
over  the  country  to  a  considerable  ex 
tent  :  small  parties  entered  every  house ; 
seized  the  plate,  money,  jewels,  and 
personal  ornaments  of  the  people  ;  and 
often  destroyed  what  they  could  not 
carry  away.  The  slaves,  who  are  num 
erous  in  South  Carolina,  allured  by  the 
hope  of  freedom,  repaired  to  the  royal 
army ;  and,  in  order  to  ingratiate  them 
selves  with  their  new  friends,  disclosed 
where  their  masters  had  concealed  their 
most  valuable  effects.  Many  of  those 
slaves  were  afterwards  shipped  off  and 
sold  in  the  West  Indies.  Some  hun 
dreds  of  them  died  of  the  camp  fever ; 
and  numbers  of  them,  overtaken  by 
disease,  and  afraid  to  return  to  their 
masters,  perished  miserably  in  the 
woods.  It  has  been  calculated  that 


40 


EVENTS   OF  THE  WAR  DURING   1779. 


[BK.  III. 


South  Carolina  lost  four  thousand 
slaves.  The  rapine  and  devastation 
were  great ;  and  many  of  the  inhabit 
ants,  in  order  to  save  themselves  from 
those  ravages,  made  professions  of  at 
tachment  to  the  royal  cause ;  while  the 
means  which  induced  them  to  make  a 
show  of  loyalty  alienated  their  affec 
tions  from  those  who  were  engaged  in 
the  support  and  defence  of  their  com 
mon  country. 

The  years  ITT 9  and  IT 80  were  not 
marked  by  any  great  exploits  on  the 
part  of  the  British  or  Americans.  The 
latter  did  not  feel  strong  enough  to  do 
more  than  act  on  the  defensive  ;  the 
former,  following  out  a  policy  of  which 
we  have  spoken  above,  devoted  their 
energies  to  expeditions  and  enterprises 
in  which  the  ruin  and  distress  of  the 
people  were  the  principal  object  had 
in  vieAV. 

Sir  George  Collyer,  who  had  suc 
ceeded  Admiral  Ganibier  in  the  com.' 
rnand  of  the  British  naval  forces  in 
America,  concerted  a  plan  with  Sir 
Henry  Clinton,  for  interrupting  the 
commerce  of  the  Chesapeake  and  de 
stroying  the  magazines  on  its  shores. 
For  these  purposes,  Clinton  detached 
one  thousand  eight  hundred  men  under 
General  Matthews  ;  and  the  transports 
in  which  they  sailed  were  convoyed  by 
the  admiral  himself.  The  fleet  sailed 
from  Sandy  Hook  on  the  5th  of  May, 
and  entered  the  capes  of  Virginia  on 
the  8th.  The  lower  part  of  Virginia  is 
so  intersected  by  deep  creeks 
and  rivers,  as  to  afford  those 
who  have  the  command  of  the  waters 
an  easy  passage  from  one  place  to  an 
other,  and  to  give  them  a  decided  ad- 


1779. 


vantage  over  those  who  are  destitute 
of  such  facilities  of  communication. 

The  fleet  anchored  in  Hampton  Road, 
a  large  basin  of  water  formed  by  the 
confluence  of  the  Rivers  James,  Nanse- 
mond,  and  Elizabeth.  On  the  morning 
of  the  10th,  it  entered  Elizabeth  River ; 
and  the  American  force  in  that  quarter, 
wholly  unable  to  resist  so  formidable 
an  attack,  saved  itself  by  flight.  The 
British  troops  landed  without  opposi 
tion.  General  Matthews  established 
his  head-quarters  at  Portsmouth,  whence 
he  sent  small  parties  to  Norfolk,  Gos- 
port,  Kemp's  Landing,  and  Suffolk ; 
where  they  took  and  carried  off  or  de 
stroyed  a  large  quantity  of  naval  and 
military  stores,  and  over  a  hundred 
ships,  some  of  them  richly  laden.*  The 
loss  to  the  public  and  to  individuals 
was  very  great,  without  proving  of  any 
advantage  to  the  royal  cause.  Having 
accomplished  the  object  of  the  expedi 
tion,  General  Matthews  returned  to 
New  York  before  the  end  of  the  month. 

Yielding  to  the  delusive  opinion  that 
the  French  alliance  placed  the  inde 
pendence  of  the  United  States  beyond 
the  reach  of  failure,  and  that  Great 
Britain,  despairing  of  success,  would 
speedily  abandon  the  contest,  there 
was  a  general  disposition  to  relax  vig 
orous  preparations  for  carrying  on  the 
war.  To  these  ill-grounded  expecta 
tions  Washington  opposed  the  whole 


*  Shocked  and  indignant  at  this  Vandal-like  con 
duct,  by  which  a  fertile  country,  was  converted,  in  a 
few  days,  into  one  vast  scene  of  smoking  ruins,  the 
Virginians  exclaimed,  "  What  sort  of  war  is  this?" 
The  answer  of  the  English  invaders  was,  "We  are 
commanded  to  visit  the  same  treatment  upon  all 
those  who  refuse  to  obey  the  king !" 


Cii.  VI.] 


THE   OFFICERS   OF  THE  JERSEY   BRIGADE. 


41 


weight  of  his  influence.  In  liis  corre 
spondence  with  Congress,  the  governors 
of  particular  states,  and  other  influ 
ential  individuals,  he  pointed  out  the 
fallacy  of  the  prevailing  opinion  that 
peace  was  near  at  hand ;  and  the  ne 
cessity  for  raising,  equipping,  and  sup 
porting,  a  force  sufficient  for  active 
operations.  He  particularly  urged,  that 
the  annual  arrangements  for  the  army 
should  be  made  so  early  that  the  re 
cruits  for  the  year  should  assemble 
at  head-quarters  on  the  1st  of  Jan 
uary  ;  but  such  was  the  torpor  of  the 
public  mind  that,  notwithstanding  these 
representations,  it  was  as  late  as  the 
23d  of  January,  ITT 9,  when  Congress 
passed  resolutions  authorizing  the  com- 
mander-in-chief  to  re-enlist  the  army; 
and  as  late  as  the  9th  of  the  following 
March,  that  the  requisitions  were  made 
on  the  several  states  for  their  quotas. 
The  military  establishment  for  IT 80 
was  later,  for  it  was  not  agreed  upon 
till  the  9th  of  February ;  nor  were  the 
men  required  before  the  1st  of  April. 
Thus,  when  armies  ought  to  have  been 
in  the  field,  nothing  more  was  done 
than  to  grant  the  requisite  authority 
for  raising  them,  a  most  inopportune 
and  vexatious  delay. 

The  depreciation  of  the  current  pa 
per  money  had  advanced  so  rapidly  as 
to  render  the  daily  pay  of  an  officer 
unequal  to  his  support.*  This  pro 
duced  serious  discontents  in  the  army. 
An  order  was  given  in  May,  1779,  for 
the  Jersey  Brigade  to  march  by  regi 
ments  to  join  the  western  army.  In 

*  For  a  resume  of  this  interesting  subject,  the  con 
tinental  paper  money  issues,  see  Appendix  I.  at  the 
end  of  the  present  chapter. 


answer  to  this  order  a  letter  was  re 
ceived  from  General  Maxwell,  stating 

o 

that  the  officers  of  the  first  regiment 
had  delivered  to  their  colonel  a  re 
monstrance,  addressed  to  the  Legisla 
ture  of  New  Jersey,  in  which  they  de 
clared,  that  unless  their  former  com 
plaints  as  to  the  deficiency  of  pay 
met  with  immediate  attention,  they 
were  to  be  considered  at  the  end  of 
three  days  as  having  resigned  their 
commission ;  and  on  that  contingency 
they  requested  the  legislature  to  ap 
point  other  officers  in  their  stead. 
Washington,  who  was  strongly  attach 
ed  to  the  army,  and  knew  their  virtue, 
their  sufferings,  and  also  the  justice  of 
their  complaints,  immediately  compre 
hended  the  ruinous  consequences  likely 
to  result  from  the  measure  they  had 
adopted. 

After  serious  deliberation,  he  wrote 
a  letter  to  General  Maxwell,  to  be  laid 
before  the  officers.  In  the  double  ca 
pacity  of  their  friend  and  their  com 
mander,  he  made  a  forcible  address  to 
their  pride  and  their  patriotism. 

"There  is  nothing,"  he  observed, 
"  wrhich  has  happened  in  the  course  of 
the  war,  that  has  given  me  so  much 
pain  as  the  remonstrance  you  mention 
from  the  officers  of  the  first  Jersey 
regiment.  I  cannot  but  consider  it 
a  hasty  and  imprudent  step,  which, 
on  more  cool  consideration,  they  will 
themselves  condemn.  I  am  very  sen 
sible  of  the  inconveniences  under  which 
the  officers  of  the  army  labor,  and  I 
hope  they  do  me  the  justice  to  believe, 
that  my  endeavors  to  procure  them 
relief  are  incessant.  There  is  more 
difficulty,  however,  in  satisfying  their 


42 


EVENTS   OF  THE  WAR  DURING   1779. 


K.  III. 


wishes,  than  perhaps  they  are  aware  of. 
Our  resources  have  been  hitherto  very 
limited.  The  situation  of  our  money 
is  no  small  embarrassment,  for  which, 
though  there  are  remedies,  they  cannot 
be  the  work  of  a  moment.  Govern 
ment  is  not  insensible  of  the  merits  and 
sacrifices  of  the  officers,  nor  unwilling 
to  make  a  compensation ;  but  it  is  a 
truth  of  which  a  very  little  observation 
must  convince  us,  that  it  is  very  much 
straitened  in  the  means.  Great  allow 
ances  ought  to  be  made  on  this  account, 
for  any  delay  and  seeming  backward 
ness  which  may  appear. 

"  Some  of  the  states,  indeed,  have 
done  as  generously  as  was  in  their 
power ;  and  if  others  have  been  less 
expeditious,  it  ought  to  be  ascribed  to 
some  peculiar  cause,  which  a  little  time, 
aided  by  example,  will  remove.  The 
patience  and  perseverance  of  the  army 
have  been,  under  every  disadvantage, 
such  as  do  them  the  highest  honor  at 
home  and  abroad,  and  have  inspired  me 
with  an  unlimited  confidence  in  their 
virtue,  which  has  consoled  me  amidst 
every  perplexity  send  reverse  of  for 
tune,  to  which  our  affairs  in  a  struggle 
of  this  nature,  were  necessarily  ex 
posed. 

"  Now  that  we  have  made  so  great  a 
progress  to  the  attainment  of  the  end 
we  have  in  view,  so  that  we  cannot  fail, 
without  a  most  shameful  desertion  of 
our  own  interests,  any  thing  like  a 
change  of  conduct  would  imply  a  very 
unhappy  change  of  principles,  and  a 
forgetfulness  as  well  of  what  we  owe 
to  ourselves  as  to  our  country.  Did  I 
suppose  it  possible  this  should  be  the 
case,  even  in  a  single  regiment  of  the 


army,  I  should  be  mortified  and  cha 
grined  beyond  expression.  I  should 
feel  it  as  a  wound  given  to  my  own 
honor,  which  I  consider  as  embarked 
with  that  of  the  army.  But  this  I  be 
lieve  to  be  impossible.  Any  corps 
that  was  about  to  set  an  example  of 
the  kind  would  weigh  well  the  conse 
quences  ;  and  no  officer  of  common  dis 
cernment  and  sensibility  would  hazard 
them.  If  they  should  stand  alone  in 
it,  independent  of  other  consequences, 
what  would  be  their  feelings  on  reflect 
ing  that  they  had  held  themselves  out 
to  the  world  in  a  point  of  light  inferior 
to  the  rest  of  the  army  ?  Or,  if  their 
example  should  be  followed,  and  be 
come  general,  how  could  they  console 
themselves  for  having  been  the  fore 
most  in  bringing  ruin  and  disgrace 
upon  their  country  ?  They  would  re 
member  that  the  army  would  share  a 
double  portion  of  the  general  infamy 
and  distress ;  and  that  the  character  of 
an  American  officer  would  become  as 
despicable  as  it  is  now  glorious. 

"  I  confess  the  appearances  in  the 
present  instance  are  disagreeable  ;  but 
I  am  convinced  they  seern  to  mean 
more  than  they  really  do.  The  Jersey 
officers  have  not  been  outdone  by  any 
others,  in  the  qualities  either  of  citizens 
or  soldiers ;  and  I  am  confident  no  part 
of  them  would  seriously  intend  any 
thing  that  would  be  a  stain  on  their 
former  reputation.  The  gentlemen 
cannot  be  in  earnest ;  they  have  only 
reasoned  wrong  about  the  means  of  at 
taining  a  good  end,  and,  on  considera 
tion,  I  hope  and  flatter  myself  they 
will  renounce  what  must  appear  im 
proper. 


Cn.  VI.] 


LETTER  FROM  THE  JERSEY  OFFICERS. 


43 


"  At  the  opening  of  a  campaign,  when 
under  marching  orders  for  an  important 
service,  their  own  honor,  duty  to  the 
public,  and  to  themselves,  and  a  regard 
to  military  propriety,  will  not  suffer 
them  to  persist  in  a  measure  which 
would  be  a  violation  of  them  all.  It 
.will  even  wound  their  delicacy  coolly  to 
reflect,  that  they  have  hazarded  a  step 
which  has  an  air  of  dictating  terms  to 
their  country,  by  taking  advantage  of 
the  necessity  of  the  moment. 

"  The  declaration  they  have  made  to 
the  state,  at  so  critical  a  time,  that 
'  unless  they  obtain  relief  in  the  short 
period  of  three  days,  they  must  be 
considered  out  of  the  service,'  has  very 
much  that  aspect ;  and  the  seeming  re 
laxation  of  continuing  until  the  state 
can  have  a  reasonable  time  to  provide 
other  officers,  will  be  thought  only  a 
superficial  veil. 

"  I  am  now  to  request  that  you  will 
convey  my  sentiments  to  the  gentlemen 
concerned,  and  endeavor  to  make  them 
sensible  of  their  error.  The  service 
for  which  the  regiment  was  intended, 
will  not  admit  of  delay.  It  must  at  all 
events  march  on  Monday  morning,  in 
the  first  place  to  this  camp,  and  further 
directions  will  be  given  when  it  arrives. 
I  am  sure  I  shall  not  be  mistaken  in 
expecting  a  prompt  and  cheerful  obe 
dience." 

The  officers  did  not  explicitly  recede 
from  their  claims,  but  were  brought 
round  so  far  as  to  continue  in  service. 
In  an  address  to  the  Commander-in- 
chief,  they  declared  "  their  unhappiness 
that  any  step  of  theirs  should  give  him 
pain  ;"  but  alleged,  in  justification  of 
themselves,  that  repeated  memorials 


had  been  presented  to  their  legisla 
ture,  which  had  been  neglected ;  and 
added — 

"We  have  lost  all  confidence  in  that 
body.  Reason  and  experience  forbid 
that  we  should  have  any.  Few  of  us 
have  private  fortunes ;  many  have  fam 
ilies  who  already  are  suffering  every 
thing  that  can  be  received  from  an  un 
grateful  country.  Are  we  then  to  suf 
fer  all  the  inconveniences,  fatigues,  and 
dangers,  of  a  military  life,  while  our 
Avives  and  our  children  are  perishing 
for  want  of  common  necessaries  at 
home  ;  and  that  without  the  most  dis 
tant  prospect  of  reward,  for  our  pay  is 
now  only  nominal  ?  We  are  sensible 
that  your  Excellency  cannot  wish  or 
desire  this  from  us. 

"  We  are  sorry  that  you  should  ima 
gine  we  meant  to  disobey  orders.  It 
was,  and  still  is,  our  determination  to 
march  with  our  regiment,  and  to  do 
the  duty  of  officers  until  the  legislature 
should  have  a  reasonable  time  to  ap 
point  others  ;  but  no  longer. 

"  We  beg  leave  to  assure  your  Excel 
lency,  that  we  have  the  highest  sense 
of  your  ability  and  virtues;  that  ex 
ecuting  your  orders  has  ever  given  us 
pleasure  ;  that  we  love  the  service,  and 
we  love  our  country;  but  when  that 
country  is  so  lost  to  virtue  and  to  jus 
tice  as  to  forget  to  support  its  servants, 
it  then  becomes  their  duty  to  retire 
from  its  service." 

The  ground  adopted  by  the  officers 
for  their  justification,  was  such  as  neces 
sarily  prevented  a  resort  to  severe 
measures ;  at  the  same  time  a  compli 
ance  with  their  demands  was  impos 
sible.  In  this  embarrassing  situation, 


44 


EVENTS   OF  THE  WAR  DURING   1779. 


[BK.  III. 


Washington  deemed  it  prudent  to  take 
no  other  notice  of  their  letter 
than  to  declare  to  the  office rs, 
through  General  Maxwell,  "  that  while 
they  continued  to  do  their  duty,  he 
should  only  regret  the  part  they  had 
taken."  The  legislature  of  New  Jer 
sey,  roused  by  these  events,  made  some 
partial  provision  for  their  troops.  The 
officers  withdrew  their  remonstrance, 
and  continued  to  do  their  duty. 

The  ill  consequences  likely  to  result 
from  the  measures  adopted  by  the  Jer 
sey  officers  being  obviated  by  the  good 
sense  and  prudence  of  Washington,  he 
improved  the  opportunity  to  urge  upon 
Congress  the  absolute  necessity  of  some 
general  and  adequate  provision  for  the 
officers  of  the  army ;  and  observed, 
"  that  the  distresses  in  some  corps  are 
so  great,  that  officers  have  solicited 
even  to  be  supplied  with  the  clothing 
destined  for  the  common  soldiery, 
coarse  and  unsuitable  as  it  w&a.  I 
had  not  power  to  comply  with  the  re 
quest.  The  patience  of  men  animated 
by  a  sense  of  duty  and  honor,  will  sup 
port  them  to  a  certain  point,  beyond 
which  it  will  not  go.  I  doubt  not  Con 
gress  will  be  sensible  of  the  danger  of 
an  extreme  in  this  respect,  and  will 
pardon  my  anxiety  to  obviate  it." 

The  members  of  Congress  were  of 
different  opinions  respecting  their  mili 
tary  arrangements.  While  some  agreed 
with  the  Commander-in-chief  for  a  per 
manent  national  army,  well  equipped 
and  amply  supported,  others  were  ap 
prehensive  of  danger  to  their  future 
liberties  from  such  establishments,  and 
gave  a  preference  to  enlistments  for 
short  periods,  not  exceeding  a  year. 


These  also  were  partial  to  state  sys 
tems,  and  occasional  calls  of  the  militia, 
instead  of  a  numerous  regular  force,  at 
the  disposal  of  Congress  or  the  coni- 
mander-in-chief.  From  the  various  as 
pect  of  public  affairs,  and  the  frequent 
change  of  members  composing  the  na 
tional  legislature,  sometimes  one  party 
predominated,  and  sometimes  another. 
On  the  whole,  however,  we  are  sorry 
to  say,  that  the  support  received  by 
Washington  was  far  short  of  what 
economy,  as  well  as  sound  policy,  re 
quired. 

The  American  army  at  this  date  was 
not  only  deficient  in  clothing,  but  in 
food.  The  seasons  both  in  1779  and 
1780,  were  unfavorable  to  the  crops. 
The  labors  of  the  farmers  had  often 
been  interrupted  by  calls  for  militia 
duty.  The  current  paper  money  was 
so  depreciated  as  to  be  deemed  no 
equivalent  for  the  productions  of  the 
soil.  So  great  were  the  necessities  of 
the  American  army,  that  Washington 
was  obliged  to  call  on  the  magistrates 
of  the  adjacent  counties  for  specified 
quantities  of  provisions,  to  be  supplied 
in  a  given  number  of  days.  At  other 
times  he  was  compelled  to  send  out 
detachments  of  his  troops  to  take  pro 
visions  at  the  point  of  the  bayonet 
from  the  citizens.  This  expedient  at 
length  failed,  for  the  country  in  the 
vicinity  of  the  army  afforded  no  further 
supplies.  These  impressments  were  not 
only  injurious  to  the  morals  and  dis 
cipline  of  the  army,  but  tended  to 
alienate  the  affections  of  the  people. 
Much  of  the  support  which  the  com- 
mander-in-chief  had  previously  ex 
perienced  from  the  inhabitants,  pro- 


di.  VI.] 


THE  BRITISH  TAKE  STONY  POINT. 


ceeded  from  the  difference  of  treatment 
they  received  from  their  countrymen 
in  anus,  compared  with  what  they 
suffered  from  the  British.  Washington, 
whom  the  inhabitants  hitherto  regarded 
as  their  protector,  had  now  the  hard 
alternative  before  him  either  to  dis 
band  his  .troops,  or  to  support  them  by 
force.  The  army  looked  to'  him  for 
provisions ;  the  inhabitants  for  protec 
tion  of  their  property.  To  supply  the 
one  and  not  offend  the  other,  seemed 
little  less  than  an  impossibility.  To 
preserve  order  and  subordination  in  an 
army  like  that  under  Washington,  even 
when  well  fed,  paid,  and  clothed,  would 
have  been  a  work  of  difficulty ;  but  to 
retain  them  in  the  service  and  sustain 
proper  discipline,  when  destitute  not 
only  of  the  comforts,  but  often  of  the 
necessaries  of  life,  required  address  and 
abilities  of  such  magnitude  as  are 
rarely  found  in  any  one  man.  In  the 
midst  of  difficulties  of  this  grave  char 
acter,  Washington  not  only  kept  his 
army  together,  but  guided  himself  with 
so  much  discretion  as  to  command  the 
approbation  both  of  the  army  and  of 
the  citizens. 

Nothing  of  decisive  importance  could 
be  attempted  with  ah  army  so  badly 
provided,  and  so  deficient  in  numbers. 
It  did  not  exceed  thirteen  thousand 
men,  while  the  British,  strongly  forti 
fied  in  New  York  and  Rhode  Island, 
amounted  to  sixteen  or  seventeen 
thousand.  These  were  supported  by 
a  powerful  fleet,  which,  by  command 
ing  the  coasts  and  the  rivers,  furnished 
easy  means  for  concentrating  their  force 
in  any  given  point  before  the  Ameri 
cans  could  march  to  meet  them.  This 

VOL.  II.— G 


disparity  was  particularly  striking  in 
the  movement  of  the  two  armies  in  the 
vicinity  of  the  Hudson.  Divisions  of 
both  were  frequently  posted  on  each 
side  of  that  noble  river.  While  the 
British  could  cross  directly  over  and 
unite  their  forces  in  any  enterprise,  the 
Americans  could  not  safely  effect  a 
correspondent  junction,  unless  they 
took  a  considerable  circuit  to  avoid 
the  British  shipping. 

To  preserve  West  Point  and  its  de 
pendencies,  was  a  primary  object  with 
Washington.  To  secure  these  he  was 

o 

obliged  to  refuse  the  pressing  applica 
tions  frdm  the  neighboring  states  for 
large  detachments  from  the  continental 
army  for  their  local  defence ;  since  he 
well  knew  that  if  he  allowed  his  force 
to  be  subdivided  into  small  portions 
he  was  in  imminent  danger  of  having 
it  cut  up  and  destroyed  in  detail. 

On  the  1st  of  June,  Clinton  made  a 
movement  up  the  Hudson  to  attack 
the  American  works  at  Stony  Point, 
on  the  west  side  of  the  river,  and  Ver- 
planck's  Point  opposite  to  it.  The 
position  at  Stony  Point  was  a  strong 
one ;  but  the  works  were  in  an  un 
finished  state,  and  the  Americans  were 
compelled  to  abandon  the  place.  In 
consequence  of  this,  Fort  Lafayette, 
on  Verplanck's  Point,  became 
untenable  :  and  Clinton,  having 

/  '  o 

made  his  arrangement  so  as  completely 
to  invest  the  fort,  the  garrison  were 
forced  to  surrender  as  prisoner  of  war. 
Immediate  orders  were  given  for  com 
pleting  the  fortifications  of  both  posts, 
and  putting  them  in  a  strong  state  of 
defence. 

Clinton,    finding    that    Washington 


1779. 


46 


EVENTS   OF  THE   WAR   DURING   1779. 


[BK.  III. 


was  on  the  alert,  and  that  it  was  use 
less  to  undertake  any  thing  against 
West  Point,  returned  to  New  York, 
and  prepared  to  obey  the  instructions 
which  he  had  received  to  carry  destruc 
tion  into  the  maritime  towns  of  Con 
necticut,  as  had  shortly  before  been 
done  in  Virginia.  Sir  George  Collyer, 
with  the  necessary  ships  of  war  and 
transports,  and  Governor  Tryon,  at  the 
head  of  two  thousand  six  hundred 
land  forces,  seconded  by  General 
Garth,  were  appointed  to  this  pred 
atory  expedition.  While  in  the  Sound, 
the  commanders  joined  in  an  address 
to  the  inhabitants  of  Connecticut, 
which  they  signed  on  the  4th  of  July. 
In  that  they  invited  and  urged  them 
to  return  to  their  duty  and  allegiance ; 
and  promised  all,  remaining  peaceably 
in  their  usual  place  of  residence,  pro 
tection  in  person  and  property,  ex 
cepting  the  civil  and  military  officers 
of  the  government;  but  threatened 
those  who  slighted  the  warning.  The 
address  was  merely  farcical,  for  instead 
of  leaving  them  to  consult  each  other 
upon  the  invitation,  as  they  stated  it, 
they  employed  force  before  the  people 
had  time  to  consult  each  other  after 
the  invitation  was  received. 

The  troops  were  landed  early  on 
Monday,  July  5th,  those  under  Tryon 
at  East  Haven,  and  those  under  Garth 
at  West  Haven.  The  last  inarched 
for  New  Haven,  which  they  entered 
between  twelve  and  one,  after  being 
much  harassed  and  galled  on  their 
way  by  the  militia,  and  others  who 
joined  them.  The  town  was  delivered 
up  to  promiscuous  plunder,  a  few  in 
stances  of  protection  excepted.  Whigs 


and  tories,  indiscriminately,  though  not 
universally,  had  their  money,  plate, 
rings  and  other  articles  taken  from 
them;  and  much  of  their  furniture, 
which  could  not  be  carried  off,  wras 
wantonly  destroyed; — all  the  West 
India  goods  and  provisions  were  served 
the  same.  In  such  scenes  of  confusion, 
individuals  could  not  escape  personal 
abuse.  The  militia  were  collecting  in 
such  a  manner,  and  the  soldiers  had 
got  so  disordered  by  liquor,  that  the 
next  morning  the  troops  made  a 
sudden  retreat,  without  tarrying  to 
execute  the  original  design  of  burning 
the  town,  or  even  to  fire  a  single  house 
in  it.  When  they  had  provided  for 
their  own  safety,  they  ventured  to 
burn  some  stores  on  the  long  wharf. 
At  East  Haven,  where  Tryon  com 
manded  in  person,  several  houses  were 
burnt,  the  cattle  were  also  wantonly 
killed  in  the  adjoining  fields.  By  the 
afternoon,  the  militia  became  so  nu 
merous,  and  crowded  so  close  upon 
him,  that  he.  retreated  on  board  the 
fleet,  which  in  the  evening  sailed  for 
Fairfield.  There  the  troops,  landed 
about  three  o'clock  on  Wednesday 
afternoon.  As  they  anchored  off  the 
town  in  the  morning,  the  militia  had 
some  little  time  for  collecting.  Gov- 

O 

ernor  Tryon  sent  by  a  flag  to  Colonel 
Whiting,  who  commanded  them,  the 
address ;  and  gave  him  an  hour's  time 
to  consider  and  to  answer,  so  as  to 
save  the  town.  The  colonel  replied  in 
b'ehalf  of  the  inhabitants,  "The  flames 
have  now  preceded  their  answer  to 
your  flag,  and  they  will  persist  to  op 
pose  to  the  utmost,  that  power  which 
is  exerted  against  injured  innocence ;" 


Cu.  VI.] 


THE  TAKING   OF  STONY   POINT. 


dated  7th  July,  sunset.  That  night 
and  the  next  morning,  they  plundered 
and  laid  the  town  in  ashes,  burning 
the  meeting-house,  Episcopal  church, 
and  the  buildings  in  general,  to  the 
compass  of  two  miles  round,  so  as  to 
reach  Green-farms,  though  not  Green 
field.  On  Thursday  they  retreated  to 
their  shipping,  the  militia  becoming 
more  numerous  than  at  New  Haven. 
They  crossed  the  Sound  to  the  shore 
of  Long  Island ;  and  from  thence  sailed 
afterward  to  Norwalk,  whose  fate  was 
similar  to  that  of  Fairfield.  The  num 
bers  killed  and  wounded  on  each  side, 
during  these  ravages,  were  inconsider- 

O  O         ' 

able.  But  the  conflagration  list  stands 
thus : — burnt  at  Norwalk,  two  houses  of 
public  worship,  eighty  dwelling  houses, 
eighty-seven  barns,  twenty-two  stores, 
seventeen  shops,  four  mills  and  five 
vessels: — at  Fairfield,  two  houses  of 
public  worship,  eighty-two  dwelling 
nouses,  fifty-five  barns,  fifteen  stores 
and  fifteen  shops  :  —  at  Green-farms, 
one  house  of  worship,  fifteen  dwelling 
houses,  eleven  barns,  and  several  stores 
—  beside  the  stores  burnt  at  New 
Haven  and  the  houses  at  East  Haven.* 
While  the  British  were  engaged  in 
this  disgraceful  predatory  warfare, 
"Washington,  after  personally  recon 
noitring  Stony  Point,  determined  to 
make  a  bold  attempt  to  carry  it  by 
assault.  The  conduct  of  the  expedition 
was  entrusted  to  that  gallant  officer 
who  has  attained  the  remarkable  so- 
Iriquet,  "Mad  Anthony"  Wayne.  At 
the  head  of  his  detachment- of  light  in- 

*  Gordon's  "  History  of  the  American  Revolution" 
vol.  ii.  pp.  '436-3P. 


fantry,  consisting  of  one  thousand  two 
hundred  men,  he  marched  about  four 
teen  miles,  reached  the  vicinity  of  the 
fort  at  eleven  o'clock  in  the  evening  of 
July  the  16th,  and  instantly  prepared 
for  the  assault.  He  peremptorily  or 
dered  that  every  man  should  advance 
in  silence  with  unloaded  muskets  and 
fixed  bayonets.  A  soldier  disobeyed 
his  order,  and  began  to  load  his  piece ; 
the  order  was  repeated,  and  he  per 
sisted  in  the  resolution  to  load,  on 
which  an  officer  instantly  ran  him 
through  the  body  with  his  sword. 
Absolute  obedience  was  indispensable 
at  so  critical  a  moment;  for  had  a 
single  gun  been  fired,  the  victory 
might  have  been  lost,  or  the  slaughter 
been  immense.  The  plan  being  ad 
justed,  one  hundred  and  fifty  volun 
teers  under  Lieutenant-Colonel  Fleury, 
a  French  officer,  formed  the  van  of  the 
right  column,  and  one  hundred  volun 
teers,  under  Major  Stuart,  composed 
the  van  of, the  left  column,  each  of 
which  was  preceded  by  a  forlorn  hope 
of  twenty  picked  men,  commanded  by 
Lieutenants  Gibbon  and  Knox,  for  the 
express  purpose  of  removing  the  abat- 
tis  and  other  obstructions.  At  about 
twenty  minutes  after  twelve,  the  col 
umns  advanced  to  the  assault,  and 
such  was  the  impetuosity  of  the  troops, 
that,  in  the  face  of  a  most  tremendous 
and  incessant  fire  of  musketry  and 
cannon  loaded  writh  grape-shot,  they 
forced  their  way  at  the  point  of  the 
bayonet,  surmounted  every  obstacle, 
and  both  columns  met  in  the  centre  of 
the  enemy's  works  nearly  at  the  same 
instant.  Colonel  Fleury  first  entered 
the  fort,  and  struck  the  British  stand- 


EVENTS   OF  THE  WAR  DURING  1779. 


[BK.  III. 


ard  with  his  own  liaiid.     Mai  or  Posey 

V  J 

was  tlie  first  to  give  the  watchwrord, 
"  The  fort's  our  own  !" 

General  Wayne,  in  his  letter  to  the 
cornniander-in-chief,  extolled  highly  the 
brave  conduct  of  his  officers  and  men, 
and  particularized  Lieutenant-Colonel 
Fleury,  Major  Stuart,  Colonel  Butler, 
and  others,  for  their  exemplary  valor 
and  intrepidity.  Lieutenant-Colonel 
Hay  was  wounded  in  the  thigh,  while 
fighting  with  firmness  in  the  heat  of 

O  O 

the  action.  General  Wayne  himself 
received  a  slight  wound  in  his  head, 
but,  supported  by  his  aids,  he  entered 
the  fort  with  the  troops.  As  the  truly 
brave  are  ever  ambitious  of  distinguish- 

O 

ing  themselves  by  a  strict  observance 
of  the  laws  of  humanity  and  generosity 
towards  the  conquered  foe,  so  it  was 
highly  creditable  to  the  American 
troops,  that  they  conducted  themselves 
towards  the  prisoners  with  a  humane 
forbearance,  which  was  directly  the  re 
verse  of  the  conduct  of  the  British  on 
too  many  similar  occasions ;  they  dis 
dained  to  take  the  lives  of  those  wrho 
were  in  their  power,  and  calling  for 
mercy ;  not  a.n  individual  suffered  after 
his  surrender ;  and  this  will  account 
for  the  few  of  the  enemy  killed  on  this 
occasion ;  being  about  one  hundred 
killed  and  wounded.  The  continentals 
had  fifteen  killed  and  eighty-three 
wounded.  The  number  of  prisoners 
was  five  hundred  and  forty-three. 
Colonel  Johnson,  commander  of  the 
fort,  and  several  other  officers,  were 
among  the  number.  It  is  remarkable, 
that  out  of  the  twenty  men  who  formed 
the  forlorn  liopc,  under  Lieutenant  Gib 
bon,  seventeen  were  killed  or  wounded. 


Washington,  in  his  letter  to  Congress, 
spoke  highly  of  the  conduct  of  all  the 
officers  and  men ;  but  he  named  par 
ticular  officers,  whose  situation  placed 
them  foremost  in  danger,  which  ren 
dered  their  conduct  more  conspicuous. 
Lieutenants  Gibbon  and  Knox,  he  ob 
served,  who  commanded  the  advanced 
parties,  or  forlorn  hope,  acquitted  them 
selves  as  well  as  it  was  possible.  With 
respect  to  General  Wayne,  he  remarked, 
"  that  his  conduct  throughout  the  whole 

o 

of  this  arduous  enterprise,  merits  the 
warmest  approbation  of  Congress ;  he 
improved  on  the  plan  recommended 
by  me,  and  executed  it  in  a  manner 
that  does  signal  honor  to  his  judgment 
and  to  his  bravery.  In  a  critical  mo 
ment  of  the  assault,  he  received  a  flesh- 
wound  in  the  head,  with  a  musket  ball, 
but  continued  leading  on  his  men  with 
unshaken  firmness."  His  Excellency  in 
formed  Congress  that  two  flao;s  and  two 

O  O 

standards  .were  taken,  the  former  be 
longing  to  the  garrison,  the  latter  to 
the  seventeenth  regiment.  Congress 
gave  directions  that  a  gold  medal,  em 
blematical  of  the  action,  be  presented 
to  General  Wayne,  and  a  silver  one  to 
Colonel  Fleury  and  Major  Stuart. 
Lieutenants  Gibson  and  Knox  w^ere 
also  made  captains  by  brevet,  and  the 
value  of  the  military  stores  was  directed 
to  be  divided  among  the  soldiers,  in 
such  manner  as  the  Commander-in-chief 
saw  fit."" 

An  attack  on  Fort  Lafayette  also  was 
part  of  the  plan  ;  and  two  brigades, 
under  General  M'Dougall,  were  or 
dered  to  proceed  towards  it,  and  to 

*  Thacher's  "  Military  Journal,"  pp.  176-178. 


©IF    SIT  ©HIT    TO  SOT 


CH.  VI.] 


FAILURE  OF  THE   PENOBSCOT  EXPEDITION. 


be  in  readiness  to  attack  it  as  soon  as 
they  should  be  informed  of  General 
Wayne's  success  against  Stony  Point. 
But  M'Dougall  did  not  advance  in 
time ;  and  the  garrison  of  Fort  La 
fayette,  where  Colonel  Webster  com 
manded,  promptly  prepared  for  resist 
ance.  Wayne  turned  the  artillery  of 
Stony  Point  against  the  British  ships, 
and  compelled  them  to  drop  down  the 
river  beyond  the  reach  of  his  guns. 
He  also  fired  on  Verplanck's  Point ;  but 
the  distance  was  so  great  that  his  shot 
made  little  impression  on  the  works. 
The  critical  moment  for  assaulting  Fort 
Lafayette  having  been  lost,  the  plan 
of  operation  against  it  was  changed. 
M'Dougall's  detachment  was  intrusted 
to  General  Howe,  and  he  was  provided 
with  some  battering  cannon,  to  make  a 
breach  in  the  fortifications ;  but,  before 
he  was  ready  to  act  against  the  place, 
he  found  it  expedient  to  retreat. 

Clinton,  on  being  informed  of  Avhat 
had  taken  place,  instantly  abandoned 
his  design  against  New  London  and 
the  coast  of  Connecticut ;  recalled  his 
transports  and  troops  from  the  Sound  ; 
moved  his  army  to  Dobb's  Ferry ;  dis 
patched  a  body  of  troops  in  transports 
to  the  assistance  of  Colonel  Webster ; 
and  soon  followed  in  person  with  a 
larger  force,  in  the  expectation  that 
Washington  would  be  induced  to  leave 
his  strong  position,  and  hazard  a  battle 
for  the  possession  of  Stony  Point.  But 
the  failure  of  the  design  against  Fort 
Lafayette  rendered  the  possession  of 
Stony  Point  a  matter  of  no  great  in> 
portance  ;  accordingly,  the  fortifications 
having  been  destroyed,  the  place  was 
evacuated.  The  British  immediately 


repossessed  themselves  of  Stony  Point  ; 
the  fortifications  were  renewed,  and  a 
strong  garrison  posted  there.  Clinton, 
finding  that  Washington  could  not  be 
drawn  from  the  Highlands,  returned 
to  New  York. 

A  British  detachment  from  Halifax, 
commanded  by  Colonel  Maclean,  un 
dertook,  in  June,  to  establish  a  post  at 
Peuobscot,  in  the  easternmost  part  of 
Massachusetts.  The  people  of 

1770. 

Boston  were  roused  at  once  to 
the  preparing  an  expedition  against 
the  invaders.  A  considerable  fleet  was 
speedily  fitted  out,  and  between  three 
or  four  thousand  militia,  under  com 
mand  of  General  Lovell,  Avere  em 
barked  for  the  scene  of  action.  On 
the  25th  of  July,  the  American  fleet 
appeared  in  Penobscot  Bay ;  but,  ow 
ing  to  the  opposition  of  some  British 
sloops  of  war,  and  to  the  bold  and 
rugged  nature  of  the  shore,  the  troops 
did  not  effect  a  landing  till  the  28th. 
This  interval  Maclean  improved  with 
such  laborious  diligence,  that  his  forti 
fications  were  in  a  state  of  considera 
ble  forwardness.  Lovell  erected  a 
battery  within  seven  hundred  and  fifty 
yards  of  the  works :  for  nearly  a  fort 
night,  a  brisk  cannonade  was  kept  up, 
and  preparations  were  made  to  assault 
the  fort.  While  waiting  for  reinforce 
ments,  Lovell  was  informed,  on  the 
13th  of  August,  that  Sir  George  Col- 
lyer,  with  a  superior  naval  force,  had 
entered  the  bay;  therefore,  in  the 
night  he  silently  embarked  his  troops 
and  cannon,  unperceived  by  the  garri 
son,  which  was  every  moment  in  ex 
pectation  of  being  assaulted, 

On  the  approach  of  the  British  fleet, 


50 


EVENTS   OF  THE  WAR  DURING    1779. 


[Bu.  III. 


the  Americans,  after  some  show  of  pre 
paration  for  resistance,  betook  them 
selves  to  flight.  A  general  pursuit  and 
uuresisted  destruction  ensued.  The 
Warren,  a  fine  new  frigate  of  thirty- 
two  guns,  and  fourteen  other  vessels 
of  inferior  force,  were  either  blown  up 
or  taken.  The  transports  fled  in  con 
fusion;  and,  after  having  landed  the 
troops  in  a  wild  and  uncultivated  part 
of  the  country,  were  burnt.  The  men, 
destitute  of  provisions  and  other  neces 
saries,  had  to  explore  their  way  for 
more  than  one  hundred  miles  through 

o 

an  uninhabited  and  pathless  wilder 
ness,  and  many  of  them  perished  be 
fore  reaching  the  settled  country. 
After  this  successful  exploit,  Sir  George 
Collyer  returned  to  New  York,  where 
he  resigned  the  command  of  the  fleet 
to  Admiral  Arbuthnot,  who  had  arrived 
from  England  with  some  ships  of  war, 
and  with  provisions,  stores,  and  rein 
forcements  for  the  army. 

As  an  offset  to  the  disappointment 
caused  by  this  failure,  Major  Henry 
Lee  performed  a  most  daring  and  gal 
lant  exploit  in  surprising  the  British 
post  at  Paulus  Hook,  in  full  view  of  the 
garrison  at  New  York.  Washington 
favored  the  project,  and  Lee,  emulous 
of  the  brilliant  affair  at  Stony  Point, 
entered  with  alacrity  upon  the  under 
taking.  On  the  18th  of  August,  he 
set  out,  with'  about  three  hundred  men, 
and,  favored  by  the  darkness  of  the 
night,  he  was  completely  successful. 
Having  taken  a  hundred  and  sixty 
prisoners,  including  several  officers, 
Lee  did  not  wait  to  -destroy  either 
barracks  or  artillery.  His  object  was 
accomplished,  and  he  retreated  in 


1TT9. 


safety.  The  commander-in-chief  high 
ly  extolled  the  spirit  and  gallantry  of 
Lee  and  his  corps,  and  Congress  voted 
him  a  gold  medal. 

It  is  not  often,  amid  the  details  of 
war  and  bloodshed,  that  the  reader  of 
history  gets  even  a  glimpse  of  the 
every  day  routine  of  life,  among  men 
whose  names  and  gallant  deeds  are 
known  throughout  the  world.  We 
are  glad  to  have  the  opportunity  of 
quoting  a  letter  from  Washington  to 
Dr.  John  Cochran,  surgeon-general 
and  physician  to  the  army,  in  which 
the  grave  and  dignified  commander-in- 
chief  evinces,  that  he  could  indulge  in 
courteous  pleasantry  even  while  the 
affairs  of  the  whole  country 
were  pressing  heavily  upon  his 
attention.  The  letter  is  dated,  West 
Point,  the  16th  of  August. 

"  DEAR     DOCTOR  : — I     have     asked 

Mrs.  Cochran  and  Mrs.  Livingston  to 

~ 

dine  with  me  to-morrow,  but  am  I  not 
in  honor  bound  to  apprize  them  of 
their  fore  ?  As  I  hate  deception,  even 
where  the  imagination  only  is  con 
cerned,  I  will.  It  is  needless  to  pre 
mise,  that  my  table  is  large  enough  to 
hold  the  ladies.  Of  this  they  had 
ocular  proof  yesterday.  To  say  how 
it  is  usually  covered,  is  rather  more 
essential,  and  this  shall  be  the  purport 
of  my  letter. 

"  Since  our  arrival  at  this  happy 
spot,  we  have  had  a  ham,  sometimes  a 
shoulder  of  bacon,  to  grace  the  head 
of  the  table,  a  piece  of  roast  beef 
adorns  the  foot,  and  a  dish  of  beans, 
or  greens,  almost  imperceptible,  deco 
rates  the  centre.  When  the  cook  has 
a  mind  to  cut  a  figure,  which  I  pre- 


C.i.  VI.} 


EXPEDITION   AGAINST  THE  SIX  NATIONS. 


51 


suine  will  be  the  case  tomorrow,  we 
have  two  beef-steak  pies,  or  dishes  of 
crabs,  in  addition,  one  on  each  side  of 
the  centre  dish,  dividing  the  space,  and 
reducing  the  distance  between  dish 

O 

and  dish  to  about  six  feet,  which,  with 
out  them,  would  be  nearly  twelve  feet 
apart.  Of  late  he  has  had  the  sur 
prising  sagacity  to  discover,  that  apples 
will  make  pies,  and  it  is  a  question,  if, 
in  the  violence  of  his  efforts,  we  do  not 
get  one  of  apples,  instead  of  having 
both  of  beef-steaks.  If  the  ladies  can 
put  up  with  such  entertainment,  and 
will  submit  to  partake  of  it  on  plates, 
once  tin,  but  now  iron,  (not  become  so 
by  the  labor  of  scouring,)  I  shall  be 
happy  to  see  them." 

The  course  pursued  by  Congress  to 
wards  the  Indians,  at  the  opening  of 
the  contest  with  the  mother  country, 
was,  it  must  be  admitted,  fair  and 
liberal.  They  endeavored  to  persuade 
them  to  remain  neutral  between  the 
two  parties,  and  for  a  time  it  was 
hoped,  that  the  horrors  of  savage 
warfare  would  not  be  added  to  the 
fierce  struggle  in  which  the  people 
engaged  in  support  of  their  liberties; 
but  every  such  hope  was  speedily 
dispelled.  The  influence  of  British 
allurements  was  too  strong  for  the 
cupidity  of  Indian  nature  to  resist ; 
and  the  restlessness  of  the  savage  led 
them  readily  to  join  in  any  schemes 
where  plunder  was  likely  to  fall  to 
their  share.  We  have  already,  in  the 
previous  pages  of  this  history,  recorded 
numerous  instances  of  the  atrocities  of 
the  Indians  and  tories,  especially  on 
the  frontiers.  To  put  a  stop  to  their 
ravages,  and  to  inflict  such  retribution 


1770. 


upon  them  as  their  deeds  merited,  was 
a  subject  of  immediate  concern  to 
Washington. 

The  Six  Nations,  with  the  exception 
of  a  portion  of  the  Oneidas,  had  em 
barked  fully  in  support  of  the  plans  of 
the  tories,  and  had  joined  in  the  shock 
ing  barbarities  of  the  "Wyoming  mas 
sacre.  Washington,  who  understood 
the  Indians  perfectly,  determined  that 
they  should  be  taught  the  only  lesson 
which  they  would  feel  and  not  forget. 
He  ordered  some  three  thousand  men 
to  assemble  at  Wyoming,  under  General 
Sullivan,  thence  to  march  into 
the  country  of  the  Senecas : 
they  were  to  be  joined  by  a  body  of 
troops  proceeding  from  the  Mohawk 
River,  under  General  Clinton ;  the 
whole  force,  when  united,  to  march 
into  the  heart  of  the  Indian  country. 
Strange  though  it  may  seem  at  first, 
view,  yet  as  it  was  absolutely  necessary, 
in  order  to  render  the  expedition  of 
effectual  service,  that  unsparing  severity 
should  be  practiced,  Washington  direct 
ed  Sullivan  to  detach  parties  "  to  lay 
waste  all  the  settlements  around,  with 
instructions  to  do  it  in  an  effectual 
manner,  that  the  country  may  be  not 
merely  overrun,  but  destroyed."  This 
was  to  be  done,  and  done  thoroughly, 
before  he  was  to  listen  to  any  over 
tures  for  peace. 

"  It  must  be  owned,"  as  Mr.  Peabody 
feelingly  says,  "  that  orders  like  these 
come  strangely  from  the  pen  of  Wash 
ington.  The  most  tender  mercies  of 
war  are  sufficiently  cruel,  when  softened 
by  all  the  mitigations  wrhich  have  re 
sulted  from  the  improved  sentiment 
and  feeling  of  modern  times.  These 


EVENTS   OF   THE   WAR   DURING   1779. 


[BK.  ID. 


mitigations  are  not  unlike  the  rules  of 

o 

chivalry,  which  made  it  dishonorable 
to  strike  at  particular  portions  of  the 
body,  while  each  combatant  was  at  per 
fect  liberty  to  murder  his  opponent  by 
hard  blows  on  all  the  rest.  But  to  rav 
age  nourishing  settlements  with  fire,  to 
destroy  them  so  effectually  that,  as  in 
ancient  times,  the  plough  might  pass 
over  the  places  where  they  stood,  and 
that  not  a  trace  of  sustaining  vegeta 
tion  might  remain  in  fields  whitening 
to  the  harvest,  can  hardly  be  thought 
of  without  emotions  of  pain  and  horror; 
they  are  the  dark  calamities  of  war,  from 
which  the  heart  turns  shuddering  away. 
"  But  we  are  not  to  forget  that  they 
were  designed  to  fall  upon  a  foe,  whose 
path  was  always  to  be  traced  in  blood ; 
against  whose  fury  neither  the  helpless 
ness  of  infancy,  nor  feeble  age,  nor  the 
defenceless  state  of  woman,  could  afford 
the  least  protection.  We  have  already 
mentioned  their  atrocities  at  Wyoming 
and  Cherry  Valley ;  these  had  awaken 
ed  a  deep  and  universal  conviction,  that 
the  only  security  against  such  enemies 
was  to  be  found  in  driving  them  com 
pletely  from  the  haunts,  where,  urged 
on  by  British  agents,  or  by  loyalists 
more  savage  and  relentless  than  them 
selves,  they  came  forth  to  the  work  of 
death.  They  obeyed  the  impulses  of 
their  wild  education,  which  converted 
cruelty  and  revenge  into  virtues ;  and 
the  responsibility  of  the  measures 
adopted  against  them  must  certainly 
rest  upon  those  by  whom  they  were 
stimulated  to  aggression,  with  a  full 
knowledge  of  the  consequences  that 
must  follow.  It  is  enough  to  show 
how  strong  must  have  been  the  sense 


entertained  of  the  necessity  of  such 
measures,  at  the  time,  when  we  see 
them  planned  and  ordained  by  Wash 
ington  ;  the  last  man  to  devise  or  de 
sire  any  thing  which  bore  in  his  view 
the  aspect  of  wanton  cruelty."* 

The  language  of  Chief  Justice  Mar 
shall  respecting  this  matter,  is  also  very 
much  to  the  point,  and  is  worthy  the 
reader's  attention.  "The  devastation 
of  the  country,"  he  says,  "  has  been 
spoken  of  with  some  degree  of  disap 
probation  ;  but  this  sentiment  is  the 
result  rather  of  an  amiable  disposition 
in  the  human  mind  to  condemn  what 
ever  may  have  the  appearance  of  tend 
ing  to  aggravate  the  miseries  of  war, 
than  of  reflection.  Circumstances  ex 
isted,  which  reconciled  to  humanity 
this  seeming  departure  from  it.  Great 
Britain  possessed  advantages,  which  in 
sured  a  controlling  influence  over  the  In 
dians,  and  kept  them  in  almost  continual 
war  with  the  United  States.  Their 
habitual  ferocity  seemed  to  have  derived 
increased  virulence  from  the  malignity 
of  the  white  men,  who  had  taken  refuge 
among  them ;  and  there  was  real  foun 
dation  for  the  opinion,  that  an  annual 
repetition  of  the  horrors  of  Wyoming 
could  be  prevented  only  by  disabling 
the  savages  from  perpetrating  them. 
No  means  in  the  power  of  the  United 
States  promised  so  certainly  to  effect 
this  desirable  object,  as  the  removal 
of  neighbors,  whose  hostility  could  be 
diminished  only  by  terror,  and  whose 
resentments  were  to  be  assuaged  only 
by  fear."f 


*  "  Life  of  General  Sullivan,"  pp.  128,  9. 

t  Marshall's  "  Life  of  Washington,"  vol.  i.,  p.  323. 


Cn.  VI. 


SULLIVAN'S  VICTORY  OVER  THE  INDIANS. 


On  the  llth  of  August,  the  army 
reached  the  point  of  confluence  of  the 
Tiogn  with  the  Susquehanna ;  General 
Clinton  arrived  on  the  2  3d ;  and  the 
work  of  devastation  was  speedily  en 
tered  upon.  The  Indians  resolved  to 
risk  a  battle  in  defence  of  their  coun 
try,  and  under  the  guidance  of  Brant 
selected  their  ground  with  skill  and 
judgment.  About  a  mile  in  front  of 
Newtown,  the  whole  Indian  force  was 
collected,  estimated  by  General  Sulli 
van  at  fifteen  hundred  men,  by  them 
selves  at  eight  hundred.  Five  com 
panies  of  whites,  amounting  to  two 
hundred  men,  were  united  with  them. 
They  had  constructed  a  breastwork 
half  a  mile  in  length,  on  a  piece  of 
rising  ground.  The  right  flank  of  this 
work  was  covered  by  the  river,  which, 
bending  to  the  right,  and  winding 
round  their  rear,  exposed  only  their 
front  and  left  to  an  attack.  On  the 
left  was  a  high  ridge  nearly  parallel  to 
the  general  course  of  the  river,  ter 
minating  somewhat  below  the  breast 
work  ;  and,  still  farther  to  the  left,  was 
another  ridge  running  in  the  same  di 
rection,  and  leading  to  the  rear  of  the 
American  army.  The  ground  was  cov 
ered  with  pine,  interspersed  with  low 
scrub  oaks,  many  of  which,  for  the 
purpose  of  concealing  their  works,  had 
been  cut  up  and  stuck  in  front  of  them, 
so  as  to  exhibit  the  appearance  of  be- 
mz:  still  Growing.  The.  road,  after 

o  o  o 

crossing  a  deep  brook  at  the  foot  of 
the  hill,  turned  to  the  right,  and  ran 
nearly  parallel  to  the  breastwork,  so  as 
to  expose  the  whole  flank  of  the  army 
to  their  fire,  if  it  should  advance  with 
out  discovering  their  position.  Parties 

VOL.  II.—  7 


17T9. 


were  stationed  on  both  hills,  so  as  to 
fall  on  the  right  flank  and  rear  of  Sul 
livan,  so  soon  as  the  action  should  com 
mence. 

This  arrangement  having  been  dis 
covered  just  before  noon  on  the  29th 
of  August,  a  skirmishing  was  kept  up 
for  some  time,  without  hazarding  a 
general  attack.  As  the  main  body 
advanced,  Sullivan  ordered  General 
Poor  to  take  possession  of  the  hill 
which  led  into  his  rear,  and,  thence,  to 
turn  the  left,  and  gain  the  rear  of  the 
breastwork,  while  Hand,  aided 
by  the  artillery,  should  attack 
in  front.  These  orders  were  promptly 
executed.  While  the  artillery  played 
on  the  front,  Poor,  pushed  up  the 
mountain  and  commenced  a  sharp  con 
flict  with  the  Indians  occupying  it, 
which  was  sustained  for  some  time 
with  considerable  spirit.  Poor  con 
tinued  to  advance  rapidly,  pressing 
the  enemy  with  the  bayonet,  until  he 
gained  the  summit  of  the  hill.  The 
savages  perceiving  that  their  flank  was 
uncovered,  and  that  they  were  in  danger 
of  being  surrounded,  abandoned  their 
breastwork,  and  fled  with  the  utmost 
precipitation. 

This  victory  cost  the  Americans  thirty 
men.  The  loss  of  the  Indians  was  also 
inconsiderable ;  but  they  were  so  in 
timidated  that  every  idea  of  farther 
resistance  was  abandoned ;  and,  as  Sul 
livan  advanced,  they  continued  to  re 
treat  before  him.  He  penetrated  into 
the  heart  of  the  country,  which  his 
parties  laid  waste  in  every  direction. 
Houses,  corn-fields,  gardens,  and  fruit- 
trees,  shared  one  common  fate ;  and 
Sullivan,  having  executed  with  exact- 


54 


EVENTS   OF  THE  WAR  DURING   1779. 


.  III. 


ness  the  orders  lie  had  received,  re 
turned  to  Eastern,  in  Pennsylvania,  early 
in  October.  Congress  passed  a  resolu 
tion  approving  the  conduct  of  Sullivan 
and  his  army. 

We  may  mention  here,  that  other  ex 
peditions  against  the  Indians  were  un 
dertaken  in  the  course  of  the  year.  In 
April,  Colonel  Van  Schaick,  with  fifty- 
five  men,  marched  from  Fort  Schuyler, 
and  burned  the  whole  Onondaga  settle 
ments,  consisting  of  about  fifty  houses, 
with  a  large  quantity  of  provisions, 
killed  twelve  Indians  and  made  thirty- 
four  prisoners,  without  the  loss  of  a 
single  man.  In  August,  at  the  time 
when  General  Sullivan  was  laying  waste 
the  country  on  the  Susquehanna,  an 
other  expedition,  under  Colonel  Brod- 
head,  was  carried  on  from  Pittsburg 
up  the  Alleghany.  He  advanced  two 
hundred  miles  up  the  river,  and  de 
stroyed  the  villages  and  corn-fields  on 
its  head  branches.  Here,  too,  the  In 
dians  were  unable  to  resist  the  invad 
ing  army;  and,  after  one  unsuccessful 
skirmish,  abandoned  their  villages  to  a 
destruction  which  was  inevitable,  and 
sought  for  safety  in  their  woods. 

Although  these  'various  efforts  did 
not  afford  complete  security  to  the 
western  frontier,  they  were  attended 
with  considerable  advantages.  The 
savages  were  intimidated ;  and  their 
incursions  became  less  formidable,  as 
well  as  less  frequent. 

As  stated  on  a  previous  page  (p.  26) 
Count  D'Estaing  sailed  for  the  West 
Indies  in  November,  1778,  for  the  pur 
pose  of  advancing  the  interests  of 
France  by  an  attack  upon  the  British 
Islands.  Dominica  had  already  fallen 


into  the  hands  of  the  French ;  while  the 
English,  on  their  part,  had  taken  St. 
Lucie.  D'Estaing  captured  St.  Vincent's 
and  Grenada,  and  spread  great  alarm 
throughout  the  West  Indies.  After  a 
warm  but  indecisive  engagement  with 
the  English  fleet,  D'Estaing  was  pre 
paring  to  return  home ;  but,  strongly 
urged  by  Governor  Rutledge,  General 
Lincoln,  and  the  French  Consul,  to  give 
aid  to  the  American  arms  in  Georgia, 
he  set  sail  from  Cape  Francois,  in  St. 
Domingo,  and  arrived  off  Savannah,  on 
the  1st  of  September,  with  twenty-two 
sail  of  the  line  and  a  number  of  smaller 
vessels.  The  Experiment,  a  fifty-gun 
ship,  and  some  other  British  vessels, 
fell  into  his  hands. 

Immediately  on  hearing  of  D'Es- 
taing's  arrival,  General  Lincoln,  with 
about  one  thousand  men,  marched  to 
Zubly's  Ferry  on  the  Savannah, 
but  found  more  difficulty  than 
he  had  anticipated  in  crossing  the  river 
and  its  marshes.  On  the  evening  of 
the  13th  of  September,  however,  he 
reached  the  southern  bank,  and  en 
camped  on  the  heights  of  Ebenezer, 
twenty-three  miles  from  Savannah. 
There  he  was  joined  by  Colonel  M'ln- 
tosh,  with  his  detachment,  from  Au 
gusta.  Pulaski's  legion  also  arrived  in 
camp.  On  the  same  day  that  Lincoln 
passed  Zubly's  Ferry,  D'Estaing  landed 
three  thousand  men  at  Beaulieu ;  and, 
on  the  16th  of  September,  the  combined 
armies  united  their  strength  before 

O 

Savannah.  That  place  was  the  head 
quarters  of  General  Prevost,  who  com 
manded  the  British  troops  in  the 
southern  provinces.  Apprehending  no 
immediate  danger,  he  had  weakened 


1779. 


Cn.  VI.] 


THE  SIEGE  AND   STORMING  OF  SAVANNAH. 


his  garrison  by  establishing  some  dis 
tant  outposts  in  Georgia,  and  by  leav 
ing  Colonel  Maitland,  with  a  strong  de 
tachment,  at  Beaufort,  in  the  Island  of 
Port  Royal  in  South  Carolina :  but  on 
the  appearance  of  the  French  fleet,  he 
immediately  called  in  all  his  outposts ; 
and  before  the  French  landed,  or  the 
Americans  crossed  the  river,  all  the 
British  detachments  in  Georgia  had 
assembled  at  Savannah,  and  amounted 
to  nearly  two  thousand  men. 

D'Estaing  had  already  summoned 
Prevost  to  surrender  in  the  name  of 
the  king  of  France  ;  but  that  officer, 
anxious  to  gain  time,  deluded  the 
French  commander  into  a  suspension 
of  hostilities  for  twenty-four  hours,  du 
ring  which  he  labored  diligently  in 
strengthening  his  defences,  and  was 

O  O  ' 

reinforced  by  the  arrival  of  Colonel 
Maitland  with  the  detachment  from 
Beaufort.  Prevost  now  declared  his 
intention  to  defend  the  place  to  the 
last  extremity.  The  combined  armies 
determined  to  besiege  the  town,  and 

O 

made  the  necessary  preparations  for 
that  purpose.  Several  days  were  spent 
in  bringing  up  heavy  artillery  and 
stores  from  the  fleet ;  and  on  the  23d 
of  September,  the  besieging  army  broke 
ground  before  the  town.  By  the  1st 
of  October,  they  had  advanced  within 
three  hundred  yards  of  the  British 
works.  Several  batteries,  mounting 
thirty-three  pieces  of  heavy  cannon 
and  nine  mortars,  had  for  several  days 
played  incessantly  on  the  garrison ; 
and  a  floating  battery  of  sixteen  guns 
had  also  opened  upon  it  from  the  river. 
But  this  cannonade  made  little  impres 
sion  on  the  works. 


The  situation  of  D'Estaiug  became 
extremely  unpleasant.  More  time  had 
already  been  spent  in  the  siege  than  he 
had  allotted  for  the  expulsion  of  the 
British  troops  from  that  province.  The 
French  West  India  Islands  were  ex 
posed  to  danger  in  his  absence ;  the 
tempestuous  season  of  the  year  was 
setting  in ;  a  superior  British  fleet  might 
come  against  him ;  and  his  officers 
strongly  remonstrated  against  remain 
ing  longer  in  the  Savannah.  By  con 
tinuing  their  regular  approaches  for  a 
few  days  more,  the  besiegers  would 
probably  have  made  themselves  mas 
ters  of  the  place ;  but  these  few  days 
D'Estainsr  thought  that  he  could  not 

O  O 

spare.  No  alternative  remained  but 
to  raise  the  siege,  or  storm  the  place. 
The  last  of  these  the  French  commander 
resolved  to  attempt.  For  that  purpose, 
on  the  morning  of  the  9th  of  October, 
a  heavy  cannonade  and  bombardment 
opened  on  the  town.  Three  thousand 
French,  and  one  thousand  five  hundred 
Americans,  led  by  D'Estaing  and  Lin 
coln,  advanced  in  three  columns  to  the 
assault.  But  the  garrison  was  fully 
prepared  to  receive  them :  the  works 
were  skilfully  constructed,  and  diligent 
ly  strengthened ;  and  the  French  and 
Americans  met  with  a  warm  reception. 
A  well-directed  and  destructive  fire 
from  the  batteries  opened  upon  them ; 
but  they  resolutely  advanced,  broke 
through  the  abattis,  crossed  the  ditch, 
and  mounted  the  parapet.  The  French 
and  Americans,  with  emulous  valor, 
each  planted  a  standard-on  a  redoubt ; 
but  fell  in  great  numbers  in  endeavor 
ing  to  force  their  way  into  the  works. 
While  the  assailants  were  vigorously 


EVENTS   OF  THE  WAR   DURING   1779. 


Ill 


opposed  in  front,  the  batteries  galled 
their  flanks.  Count  Pulaski,  at  the 
head  of  two  hundred  horsemen,  gallop 
ed  between  the  batteries  toward  the 
town,  with  the  intention  of  charging 
the  garrison  in  the  rear;  but  he  fell 
mortally  wounded,  and  his  squadron 
was  broken.  Having  stood  the  British 
fire  for  fifty-five  minutes,  the  French 
and  American  force  sounded  a  retreat. 
The  French  loss  in  killed  and  wounded 
was  nearly  seven  hundred ;  that  of  the 
Americans  upwards  of  two  hundred. 
The  British,  fighting  under  cover,  lost 
but  a  small  number  comparatively. 

After  this  repulse,  no  hope  of  tak 
ing  the  town  remained;  and  Count 
D'Estaing  having  removed  his  heavy 
artillery,  both  armies  left  their  ground 
on  the  evening  of  the  18th  of  October. 

O 

D'Estaing  marched  only  two  miles  that 
evening,  and  remained  in  the  same  en 
campment  next  day,  in  order  to  cover 
General  Lincoln's  retreat,  and  secure 
him  from  a  pursuit  by  the  garrison. 
The  Americans  recrossed  the 

lYTft 

Savannah  at  Zubly's  Ferry,  and 
took  a  position  in  South  Carolina,  The 
militia  returned  home.  The  French, 
with  all  their  artillery,  ammunition,  and 
baggage,  embarked  without  delay ;  but 
scarcely  were  they  on  board  when  a 
violent  storm  arose,  which  so  com 
pletely  dispersed  the  fleet,  that,  of 
seven  ships  which  the  admiral  ordered 
to  Hampton  Road  in  Chesapeake  Bay, 
one  only  was  able  to  reach  that  place.* 


*  Such  was  the  issue  of  the  Count  D'Estaing's  cam 
paign  upon  the  coasts  of  North  America,  a  campaign 
in  which  the  allies  had  placed  such  sanguine  hopes. 
After  failing  in  the  expedition  against  the  British  in 
the  Delaware,  he  twice  abandoned  Newport,  at  the 


From  the  arrival  of  the  French  to 
assist  in  the  siege  of  Savannah,  the 
Americans  had  anticipated  the  most 
brilliant  results ;  and  the  discomfiture 
of  the  combined  forces  at  that  place 
spread  a  deep  gloom  over  the  southern 
provinces,  where  the  cause  of  indepen 
dence  seemed  more  desperate  than  at 
any  former  period  of  the  war.  Their 
paper  money  became  more  depreciated ; 
and  the  hopes  of  the  tories  and  other 
enemies  of  their  country's  liberties  rose 
in  proportion  to  the  supposed  success 
of  the  British  invasion.  General  Lin 
coln  called  for  help,  and  Congress  took 
every  step  in  its  power  to  give  the  suc 
cor  which  was  imperatively  needed. 

During  the  siege  of  Savannah,  an 
ingenious  enterprise  of  partisan  war 
fare  was  executed  by  Colonel  John 
White  of  the  Georgia  line.  Before 
the  arrival  of  the  French  fleet  in  the 
Savannah,  a  British  captain,  with  one 
hundred  and  eleven  men,  had  taken 
post  near  the  river  Ogeeche,  twenty- 
five  miles  from  Savannah.  At  the 
same  place  were  five  British  vessels, 
four  of  which  were  armed,  the  largest 
with  fourteen  guns,  the  least  with  four ; 
and  the  vessels  were  manned  with  forty 
sailors.  Late  at  night,  on  the  30th  of 
September,  White,  who  had  only  six 
volunteers,  including  his  own  servant, 


most  critical  moment.  Finally,  under  the  wa'ls  of 
Savannah,  he  showed  himself  at  first  too  circum 
spect  ;  he  delayed  the  attack,  and  afterwards  pre 
cipitated  on  assault  which  resulted  in  discomfiture. 
It  is  but  fair,  however,  to  bear  in  mind  that,  although 
none  of  the  great  results  which  were  expected,  fol 
lowed  from  D'Estaing's  assistance  to  the  Americans, 
yet  the  French  fleet  most  materially  aided  the  cause, 
by  deranging  the  plans  of  the  British,  by  causing  the 
evacuation  of  Rhode  Island,  and  by  delaying  the  ex 
pedition  of  Clinton  against  the  south. 


Cn.  VI.] 


THE  FAMOUS  JOHN   PAUL  JONES. 


57 


kindled  a  number  of  fires  in  different 
places,  so  as  to  exhibit  the  appearance 
of  a  considerable  encampment,  prac 
ticed  several  other  corresponding  arti 
fices,  and  then  summoned  the  captain 
instantly  to  surrender.  That  officer, 
believing  that  he  was  about  to  be  at 
tacked  by  a  superior  force,  and  that 
nothing  but  immediate  submission  could 

o 

save  him  and  his  men  from  destruction, 
made  no  defence.  The  stratagem  was 
carried  on  with  so  much  address,  that 
the  prisoners,  amounting  to  one  hun 
dred  and  forty-one,  were  secured,  and 
conducted  to  the  American  post  at 
Sunbury,  twenty-five  miles  distant. 

Spain,  in  June,  1779,  after  a  great 
deal  of  hesitation,  joined  with  France 
in  the  war  against  Great  Britain,  and 
unusual  efforts  were  made  to  compete 
with  the  vast  naval  power  of  England. 
Congress  found  its  hands  full  in  en 
deavoring  to  settle  the  various  ques 
tions  which  arose  in  connection  with 
this  new  alliance.  In  return  for  the 
joint  assistance  of  France  and  Spain, 
the  French  ambassador  endeavored  to 
obtain  for  the  latter  the  concession  of 
the  Floridas,  and  the  exclusive  right  to 
navigate  the  Mississippi.  For  his  own 
court,  he  sought  to  induce  Congress  to 
give  np  the  fisheries  of  Newfoundland. 
He  argued  also,  that  it  would  be  ex 
pecting  too  much  of  the  pride  of  Great 
Britain,  formally  to  acknowledge  the 
independence  of  her  revolted  colonies, 
and  that  the  Americans  ought,  like  the 
Swiss  and  Dutch,  to  be  content  with  a 
tacit  and  indirect  admission  of  it. 
These  unreasonable  terms,  militating, 
as  they  did,  against  the  interest  of  the 
separate  States,  occasioned  a  length 


ened,  and  often  an  angry  discussion. 
What  one  was  disposed  to  concede  as 
indifferent,  another  was  determined  to 
retain  as  vital.  Massachusetts  could 
not  surrender  the  northern  fisheries ; 
Virginia  required  the  free  navigation 
of  the  Mississippi.  Eventually  the 
claims  were  compromised ;  Florida  was 
given  up  to  Spain,  the  other  matters 
left  undecided ;  but  upon  one  point  the 
Americans  were  inflexible — that  the 
war  should  be  maintained  until  their 
independence  was  formally  established 
and  acknowledged.* 

In  a  previous  chapter,  we  have  al 
luded  to  the  famous  Paul  Jones  and 
his  noted  exploits.  As  part  of  the  his 
tory  of  this  year,  we  are  called  upon  to 
record  a  naval  battle,  in  which  he  was 
engaged,  which  was  one  of  the  most 
obstinately  contested  sea-fights  which 
the  world  has  ever  witnessed.  In  some 
way,  not  quite  clearly  explained,  Jones 
had  obtained  a  vessel  in  France,  the 
"Bonhomrne  Richard,"  of  forty  guns, 
and  manned  by  some  three  hundred 
and  seventy-five  men.  Three  other 
vessels,  the  Alliance,  of  thirty-six  guns, 
the  Pallas,  of  thirty-two,  and 
the  Vengeance,  of  twelve  guns, 
formed  a  part  of  the  squadron,  of  which 
Jones  acted  as  commodore.  At  the 
close  of  July,  Jones  sailed  from  1'Orient, 
steered  for  the  western  coast  of  Ireland, 
and  appeared  off  Kerry.  From  thence 
— we  quote  a  contemporary  account — 
he  ranged  round  the  north  of  Scotland, 
till  he  came  off  the  Frith  of  Forth,  on 
September  19th  ;  when  he  directed  his 

*  See  Pitkin's  "  Political  and  Civil  History  of  the 
United  States,"  vol.  ii.,  pp.  73-87. 


1779. 


58 


EVENTS   OF  THE   WAR  DURING   1779. 


[P,K.   III. 


course  to  Flamborough  Head.  Being 
off  the  head,  he  fell  in  on  the  23d, 
with  the  fleet,  from  the  Baltic,  under 
the  protection  of  the  Serapis,  Captain 
Pearson,  and  the  Countess  of  Scar 
borough,  Captain  Piercy.  Before  noon, 
Captain  Pearson  received  intelligence 
from  the  bailiffs  of  Scarborough,  of  the 
squadron,  under  Jones,  being  on  the 
coast.  Between  twelve  and  one,  the 
headmost  of  the  fleet  got  sight  of  it, 
when  the  Serapis  made  all  the  sail  she 
could,  to  get  between  the  enemy  and 
the  convoy,  which  she  soon  effected. 
Captain  Pearson,  by  four  o'clock,  plain 
ly  discerning  from  the  deck,  that  the 
squadron  consisted  of  three  large  ships, 
and  a  brig,  (the  cutter  was  not  now 
with  them,)  made  the  Countess  of  Scar 
borough's  signal  to  join  him,  which  was 
done  about  half-past  five.  A  little 
after  seven,  the  Bonhomme  Richard, 
brought  to  within  musket  shot  of  the 

•  O 

Serapis,  when  the  fight  began,  and  was 
maintained  with  equal  fury  on  both 
sides,  each  vessel  using  all  possible 
means  to  gain  an  advantageous  situa 
tion,  to  take  the  other. 

Captain  Pearson  had  infinitely  the 
superiority  over  the  Bonhomme  Rich 
ard,  in  working  the  Serapis,  and  obtain 
ed  advantages  in  spite  of  every  effort 
of  Jones  to  prevent  it.  Jones,  to  ren 
der  such  superiority  useless,  aimed  at 
lay  ing  his  ship  athwart  the  hawse  of  the 
other.  Though  he  did  not  succeed  to 
his  wish,  yet  as  the  bowsprit  of  the 
Serapis  ran  between  his  poop  and 
mizzen-mast,  he  seized  the  opportunity 
of  lashing  the  vessels  together,  when 
the  wind  driving  the  head  of  the  Ser 
apis  against  the  bow  of  the  Bonhomme 


Richard,  they  became  so  close  fore  and 
aft,  that  the  muzzles  of  their  guns 
touched  each  other's  sides.  In  this  po 
sition,  they  engaged  from  half-past 
eight  till  half-past  ten.  But  before  it 
commenced,  the  Bonhomme  Richard 
had  received  many  eighteen-pound  shot 
between  wind  and  water,  and  was  be 
come  very  leaky.  Her  tier  of  twelve- 
pounders  was  entirely  silenced  and 
abandoned.  Her  six  eighteen-pound- 
ers,  which  were  old,  were  of  no  service, 
and  were  fired  but  eight  times  in  all. 

During  the  succeeding  action,  Jones 
made  use  only  of  three  nine-pounders, 
whose  fire  was  seconded  by  that  of  his 
men  in  the  round  tops.  At  the  same 
time,  others  threw  such  a  quantity  and 
variety  of  combustible  matters  into  the 
decks,  chains,  and  every  part  of  the 
Serapis,  that  she  was  on  fire  not  less 
than  ten  or  twelve  times  in  different 
parts,  and  it  was  with  the  greatest  diffi 
culty,  that  the  same  could  be  ex 
tinguished.  At  half-past  nine,  by  some 
accident,  the  Serapis  had  a  cartridge 
of  powder  set  on  fire,  the  flames  of 
which  communicating  from  one  to 
another  all  the  way  aft,  blew  up  all  the 
people  and  officers  abaft  the  mainmast, 
and  rendered  all  those  guns  useless  for 
the  remainder  of  the  action.  When 
both  ships  were  on  fire  together,  as  it 
happened  at  times,  the  spectacle  was 
dreadful  beyond  expression.  The  Al 
liance  repeatedly  sailed  round  both 
while  engaged,  raking  the  Serapis  fore 
and  aft,  and  thereby  killing  or  wound 
ing  many  of  her  men  on  the  quarter 
and  main  decks.  After  ten  she  came 
up  afresh,  and  renewed  the  fire;  but 
through  the  darkness  of  the  night,  and 


Cn.  VI.] 


THE  ARMY  IN  WINTER-QUARTERS. 


both  ships  being  BO  close  along  side 
each  other,  it  was  not  poured  into  the 
Serapis  alone,  but  also  into  the  Bon- 
homme  Richard,  eleven  of  whose  men 
were  killed,  beside  an  officer  mortally 
wounded,  by  one  of  her  broadsides. 
Captain  Pearson,  however,  perceiving 
that  it  was  impracticable  to  stand  out 
any  longer  with  the  least  prospect  of 
success,  struck,  after  having  (by  his 
conduct  and  persevering  bravery)  se 
cured  to  his  convoy  the  opportunity  of 
saving  themselves.  The  Serapis  was  a 
much  superior  ship  to  the  Bonhouime 
Richard,  being  built  on  an  excellent 
model,  and  carrying  forty-four  guns  in 
two  tiers,  the  lower  eight e en-pounders. 
The  number  of  men  killed  and  wound 
ed  on  each  side  was  necessarily  great. 
Both  ships  suffered  much :  but  the  Bon- 
homme  Richard  was  reduced  to  a 
wreck  ;  she  had  near  seven  feet  of  water 
in  her  hold,  which  kept  increasing. 
The  wounded  were  removed,  and  only 
the  first  lieutenant  of  the  Pallas,  with 
some  men  left  OH  board,  to  keep  the 
pumps  going,  while  the  boats  were  dis- 
pose.d  within  call  to  take  them  in  when 
occasion  required.  On  the  25th  of 
September,  the  water  rose  to  her  lower 
deck,  and  she  went  down ;  but  nobody 
was  lost  with  her.  It  still  remains  to 
be  mentioned,  that  the  Countess  of 
Scarborough  engaged  the  Pallas  for 
near  two  hours,  when  Captain  Piercy 
was  obliged  to  strike.*  Commodore 
Jones,  with  the  remains  of  his  flying 
squadron  and  prizes,  made  for  Holland, 
and  on  the  3d  of  October,  anchored  off 

*  For  a  more  elaborate  and  carefully  digested  ac 
count  of  this  renowned  battle,  we  refer  the  reader  to 
Cooper's  "Naval  H'wtory"  vol.  i.,  pp.  98-114. 


the  Texel.  The  commodore  estimated 
the  prizes  taken  and  ransomed  by  the 
Bonhomme  Richard,  during  her  cruise, 
at  more  than  £40,000. 

Washington  had  counted,  to  some 
extent,  upon  assistance  from  D'Estaing, 
and  had  purposed  a  combined  attack 
upon  New  York ;  but  the  failure  of 
operations  at  the  south,  put  an  end  to 
any  expectations  based  upon  the  arrival 
of  the  French  fleet;  and  toward  the 
close  of  December,  the  commander-in 
ch  ief  went  into  winter-quarters.  These 
were  chosen  for  the  convenience  of 
wood,  water,  and  provisions,  and  with 
an  eye  to  the  protection  of  the  country. 
To  this  end,  the  army  was  thrown  into 
two  grand  divisions.  The  northern 
was  put  under  the  command  of  General 
Heath,  and  stationed  with  a  view,  to 
the  security  of  West  Point,  its  depend 
encies,  and  the  adjacent  country.  The 
other  retired  to  Morristown,  in  New 
Jersey.  In  this  situation,  which  was 
well  calculated  to  secure  the  country 
to  the  southward  of  New  York,  Wash 
ington,  with  the  principal  division  of 
the  American  army,  took  his  station  for 
the  winter.* 


*  "  The  operations  of  the  enemy,  this  campaign," 
said  Washington,  writing  to  Lafayette,  in  France, 
"  have  been  confined  to  the  establishment  of  works 
of  defence,  taking  a  post  at  King's  Ferry,  and  burn 
ing  the  defenceless  towns  of  New  Haven,  Fairfield, 
and  Norwalk,  on  the  Sound,  within  reach  of  their 
shipping,  where  little  else  was,  or  could  be  opposed 
to  them,  than  the  cries  of  distressed  women  and  chil 
dren  ;  but  these  were  offered  in  vain.  Since  these 
notable  exploits,  they  have  never  stepped  out  of  their 
works,  or  beyond  their  lines.  How  a  conduct  of  this 
kind  is  to  effect  the  conquest  of  America,  the  wisdom 
of  a  North,  a  Gcrmaine,  or  a  Sandwich,  can  best  de 
cide.  It  is  too  deep  and  refined  for  the  compre 
hension  of  common  understandings,  and  the  general 
run  of  politicians." 


GO 


EVENTS  OF  THE  WAR  DURING  1771). 


[Bic.  III. 


The  winter  of  1779  was  uncommonly 
severe.  The  British  in  New  York  and 
Staten  Island  no  longer  enjoyed  the 
security  which  their  insular  situation 
usually  afforded.  Those  in  New  York 
suffered  from  the  want  of  fuel,  and 
other  supplies  from  the  country.  To 
add  to  their  difficulties,  Washington  so 
disposed  his  troops,  as  to  give  the  great 
est  possible  obstruction  to  the  commu 
nication  between  the  British  garrison, 
and  such  of  the  inhabitants  without  their 
lines,  as  were  disposed  to  supply  their 
wants.  This  occasioned  many  a  par 
tisan  contest,  in  which  individuals  were 
killed,  but  without  any  national  effect. 
Had  Washington  been  supported  as  he 
desired,  the  weakness  of  the  British 
army,  in  consequence  of  their  large  de 
tachments  to  the  southward,  in  con 
junction  with  the  severity  of  the  win 
ter,  would  have  given  him  an  oppor 
tunity  for  indulging  his  native  spirit  of 
enterprise.  But  he  felt  quite  unable  to 
attempt  any  thing  on  a  large  scale,  for 
his  army  was  not  only  inferior  in  num 
ber  to  that  opposed  to  him,  but  was 
so  destitute  of  necessary  supplies,  es 
pecially  clothing,  as  to  be  unequal  to 
active  operations  during  the  winter. 

The  history  of  these  times  which 
tried  men's  souls,  would  be  in  great 
measure,  incomplete,  were  we  to  give 
but  the  ordinary  details  of  events.  The 
military  operations  of  the  period  con 
stitute  only  a  part  of  what  one  ought 
to  know,  would  he  rightly  understand 
the  truth  of  history,  and  form  an  ade 
quate  conception  of  the  hard  and  bitter 
trials  and  difficulties  through  which  our 
fathers  were  called  upon  to  pass,  ere 
the  blessed  privilege  of  independence 


and  freedom  was  secured.  No  more 
fitting  place  is  likely  to  occur  than 
here,  for  some  remarks  on  points  not 
always  dwelt  upon  in  recounting  the 
story  of  the  American  Revolution. 

We  have,  on  a  previous  page,  spoken 
of  the  reaction  in  the  public  mind  con 
sequent  upon  the  French  alliance.  At 
first,  the  enthusiasm  of  the  people  was 
unbounded,  and  the  sacrifices  they 
were  willing  to  make  were  such  as  no 
peoplo  ever  before  voluntarily  took 
upon  themselves.  But  as  the  contest 
was  protracted ;  as  the  war  was  drawn 
out  to  i\  length  quite  beyond  public 
expectation ;  the  ardor  of  many  began 
to  cool,  and  their  enthusiasm  speedily 
died  out.  When  the  surrender  of 
Burgoyne  took  place,  and  the  French 
alliance  was  effected  in  consequence,  the 
notion  was  entertained  that  now  the 
Avar  was  virtually  at  an  end,  and  that 
the  French  would  finish  the  quarrel 
with  the  English,  while  America  might 
look  on  and  reap  the  benefits  of  victory. 

Washington  and  his  fellow  patriots 
were  too  enlightened  not  to  take  alarm 
at  this  state  of  things :  they  saw  the 
evil  in  all  its  extent,  and  spared  no  ex 
ertions  in  applying  such  remedies  as 
they  could.  They  had  recourse  to  ex 
hortations,  to  the  remembrance  of  past 
exploits ;  they  represented  the  neces 
sity  of  not  forfeiting  the  respect  of  the 
allies ;  the  perils  that  still  impended ; 
the  power  and  the  intrigues  of  Eng. 
land ;  but  it  was  all  in  vain.  Profound 
ly  apathetic,  reckless  of  consequences, 
the  mass  of  the  people  were  willing  to 
abandon  to  chance  the  decision  of  their 
dearest  interests ;  nothing,  as  it  seemed, 
could  rouse  them. 


Cii.  VI.] 


THE  CORRUPTIONS   OF  THE  DAY. 


Cl 


The  recruiting  of  the  army  progress 
ed  with  the  most  tedious  slowness. 
The  soldiers  that  were  under  Washing 
ton,  some  because  they  had  completed 
their  engagements,  others  because  they 
were  tired  of  serving,  deserted  their 
colors,  and  retired  to  their  homes. 
And  by  what  means  were  they  to  be 
replaced  ?  Scarcely  a  few  individuals 
were  found  who  would  engage,  accord 
ing  to  the  regulations  of  Congress,  for 
three  years,  or  till  the  end  of  the  war. 
Engagements  for  a  shorter  term,  could 

O      O  ' 

be  of  no  utility  to  the  service,  and  the 
backwardness  of  the  people  warranted 
no  calculation  even  upon  that  resource. 
To  draw  them  by  lot,  and  constrain 
them  to  march,  was  thought  to  be,  and 
was,  in  fact,  too  dangerous  a  measure 
to  be  adopted  in  the  present  temper 
of  men's  minds.  The  same  lethargy 
seemed  to  have  overspread  the  army 
itself.  It  was  well  for  it,  that  the  Eng 
lish  were  so  little  enterprising. 

What  wonder,  then,  that  languor 
and  apathy  characterized  this  year's 
campaign  ?  What  wonder,  that  Wash 
ington  was  only  too  glad  to  be  able  to 
avoid  a  battle  instead  of  conducting  an 
enterprise  against  New  York,  as  he  so 
ardently  wished  ? 

But  it  was  not  lukewarmness  and  in 
difference  alone — bad  as  these  were — 
which  now  prevailed.  There  sprang 
up  in  the  midst  of  this  people  contend 
ing  for  the  precious  boon  of  liberty,  a 
shameless  thirst  for  gain,  an  unbridled 
lust  after  riches,  no  matter  by  what 
means  acquired.  The  most  illicit,  the 
most  disgraceful  ways,  were  no  let  to 
this  devouring  passion.  As  it  happens 
but  too  often  in  times  of  revolutions, 

VOL.  IT.— 8 


there  had  sprung  up  a  race  of  men 
who  sought  to  make  their  private  ad 
vantage  of  the  public  distress.  De 
pendence  or  independence,  liberty  or  no 
liberty, — as  has  been  eloquently  said, — 
were  all  one  to  them,  provided  they 
could  fatten  on  the  substance  of  the 
state.  While  good  citizens  were  wast 
ing  themselves  in  camps,  or  in  the  dis 
charge  of  the  most  arduous  functions  ; 
while  they  were  devoting  to  their  coun 
try,  their  time,  their  estates,  their  very 
existence,  these  insatiable  robbers  were 
plundering,  and  sharing  out,  without  a 
blush,  the  public  fortune,  and  private 
fortunes.  All  private  contracts  became 
the  object  of  their  usurious  interference 
and  nefarious  gains  ;  all  army  supplies 
enriched  them  with  peculations ;  and 
the  state  often  paid  dearly  for  what  it 
never  obtained.  Nor  let  any  imagine 
that  the  most  sincere  and  virtuous 
friends  of  their  country  ever  made  so 
pompous  a  parade  of  their  zeal.  To 
hear  these  vile  beings,  they  only  were 
animated  with  a  genuine  and  glowing 
patriotism.  Eveiy  citizen  of  eminent 
rank,  or  invested  with  any  public  au 
thority  whatever,  who  refused  to  con 
nive  at  their  rapines,  was  immediately 
denounced  as  lukewarm,  tory,  loyalist, 
sold  to  England :  it  would  seem  that 
the  first  duty  of  those  who  governed 
the  republic  in  times  of  such  distress, 
was  to  fill  the  coffers  of  these  flaming 
patriots.  That  their  own  praises  should 
always  have  hung  upon  their  lips  is  not 
to  be  wondered  at ;  for  there  has  never 
existed  a  robber,  who  had  not  been 
first  a  cheat;  but  what  seems  really 
strange,  and  almost  staggers  belief,  is 
that  they  could  have  found  partisans 


62 


EVENTS  OF  THE  WAR  DURING   1770. 


[Bit.  III. 


and  dupes.  This  public  pest  spread 
wider  every  day ;  it  had  already  gan 
grened  the  very  heart  of  the  state. 
The  good  were  silenced;  the  corrupt 
plumed  themselves  upon  their  effron 
tery;  every  thing  presaged  an  ap 
proaching  ruin ;  and  England's  hope 
was,  soon  to  see  it. 

Sad  is  it  to  record  such  things  as 
these ;  sad  is  it  to  see  and  know  the 
corruption  of  morals  and  public  faith 
which  made  its  destructive  way  un 
checked.  The  poverty  of  the  govern 
ment,  and  the  necessity  of  its  having 
funds  to  go  upon,  led,  as  a  matter  of 
course,  to  enormous  issues  of  irredeem 
able  paper  money.  This  money  soon 
became  almost  worthless;  the  British, 
with  malignant  cruelty,  emitted  masses 
of  counterfeited  notes;  specie  became 
more  and  more  valuable ;  individual  in 
tegrity  everywhere  relaxed ;  the  faith 
of  contracts  was  every  day  violated ; 
and  the  government,  a  party  to  these 
pecuniary  frauds,  was  compelled  to 
wink  at  the  frauds  of  its  agents  and 
servants.  Many  a  man  did  not  scruple 
to  take  advantage  of  his  creditors,  and 
force  them  to  receive  the  continental 
bills  at  the  value  which  they  bore  on 
their  face.  Few,  at  first,  disgraced 
themselves  by  so  mean  an  act ;  but  as 
evil  propagates  itself  more  rapidly  than 
good,  a  multitude  of  citizens  did  the 
same  thing, 'and  the  contagion  became 

O '  o 

general.  Herein  the  faithless  and 
avaricious  debtor  was  no  respecter  of 
persons.  Washington  himself  expe 
rienced  this  odious  return  from  a  num 
ber  of  those  whom  he  had  generously 
succored  in  their  necessities. 

Another  class,  also,  sprang  up  amid 


the  distresses  of  the  times ;  men,  who, 
by  lying  arts  of  jobbers  and  intriguers, 
by  manufacturing  and  circulating 
news,  favorable  or  unfavorable  as  their 
schemes  required,  made  it  a  business 
to  speculate  upon  the  depreciation  of 
the  bills,  getting  their  profit  from  a 
temporary  rise  or  fall.  The  useful  arts, 
and  the  labors  of  a  fair  commerce,  were 
abandoned  for  the  more  alluring  chances 
of  paper  negotiations.  The  basest  of 
men  enriched  themselves ;  the  most  es 
timable  and  upright,  sunk  into  indi 
gence.  The  finances  of  the  state,  the 
fortunes  of  individuals,  experienced  the 
same  confusion.  Nor  was  avarice  the 
extent  of  the  evil:  the  contagion  of 
that  pestiferous  passion  attacked  the 
very  source  of  every  virtue.  Private 
interest  everywhere  carried  it  against 
the  interest  of  the  public.  A  greater 
number  than  it  is  easy  to  believe,  look 
ed  upon  the  love  of  country,  as  a  mere 
illusion,  which  held  out  no  better  pros 
pect  than  ruin  and  desolation.  Nobody 
would  enlist  without  exorbitant  bounty ; 
nobody  would  contract  to  furnish  the 
public  supplies  ;  none  would  supply  the 
contractors,  without  enormous  profits 
first  lodged  in  their  hands  ;  none  would 
accept  of  an  office,  or  magistracy,  with- 
out  perfect  assurance  of  a  very  large 
salary  and  illicit  perquisites.  The  dis 
order,  the  depravation,  were  pushed  to 
such  a  point,  that  perhaps  never  was 
the  ancient  adage  more  deplorably  con 
firmed,  that  tliere  is  no  halting-place  on 
tlw  road  of  corruption* 

It  would  seem,  from  what  has  been 


*  See  Botta's  "History  of  the  War  of  Independ 
ence"  vol.  iii.,  pp.  7G-91. 


CH.  VI.] 


THE  TIMES  OF  TRIAL. 


G3 


said  above,  that  there  was  hardly  any 
thing  further,  which  could  be  added,  to 
fill  up  the  measure  of  the  trials  and 
mortifications,  to  which  the  good  and 
upright  men,  who  were  struggling  for 
liberty,  were  exposed;  but,  we  are 
grieved  to  say,  that  there  was ;  that 
lust  for  gold,  and  violated  faith,  were 
not  all,  if  they  were  the  worst  of  trials. 
Party  spirit  raged  among  the  people, 
and  even  the  members  of  Congress,  too 
many  of  them,  disgraced  themselves, 
and  neglected  the  grave  duties  of  their 
position,  by  petty  squabbles,  by  un 
worthy  disputes,  by  seeking  to  pull  one 
another  to  pieces,  and  by  charges  and 
recriminations  on  the  subject  of  the 
French,  and  the  alliance  with  that  and 
other  foreign  nations.  The  seeds  of 
discord,  in  Congress,  germinated  rapid 
ly,  and  the  fruit  matured  soon  after  the 
return  of  Silas  Deane  to  the  United 
States,  in  the  fleet  of  Count  D'Estaiug.* 
We  shall  not  here  enter  into  the  ques 
tion,  as  to  the  merits  of  the  dispute 


*  Mr.  Elkanah  Watson,  writing  in  1781,  says;  "On 
my  return  from  Brussels,  I  called  upon  the  once  cel 
ebrated  Silas  Dcane,  at  Ghent  He  was  a  member  of 
the  first  Congress,  a  sensible  and  intriguing  man,  and 
our  early  secret  agent  at  the  court  of  France.  He 
had  lost  his  high  standing  both  in  France  and  Amer 
ica.  I  found  him  a  voluntary  exile,  misanthropic  in 
his  feelings,  intent  on  getting  money,  and  deadly  hos 
tile  to  his  native  land.  His  language  was  so  strong 
and  decided  on  the  subject  of  American  affairs,  and 
evinced  so  much  hostility  to  his  native  land,  that  I 


between  the  favorers  and  the  opponents 
of  Deane.  We  speak  of  it  now  only  as 
illustrating  the  prevalence  of  party 
spirit,  and  the  deterioration  which  had 
taken  place  in  Congress  itself.  The 
reader  will  find  it  instructive,  to  ex 
amine  into  the  matter  at  his  leisure. 
It  is  fully  and  impartially  exhibited, 
with  the  documents,  in  Pitkin's  "  Polit 
ical  and  Civil  History  of  the  United 
States." 

With  these  glimpses  at  the  interior 
state  of  affairs  at  this  date,  the  intelli 
gent  student  of  history  will  be  at  no 
loss  to  understand,  why  it  was  that 
Washington  was  so  greatly  depressed 
in  mind  oftentimes,  and  why  the  true 
lovers  of  their  country  and  their  coun 
try's  liberty,  were  so  often  called  upon 
to  mourn  over  decayed  public  virtue, 
and  were  almost  in  despair  of  the  re 
public.  God  be  thanked,  that  they 
did  not  wholly  despair!  God  be 
thanked,  that  they  were  enabled  to 
endure  unto  the  end  ! 


felt  constrained,  upon  my  return  to  Paris,  to  announce 
to  Dr.  Franklin  my  conviction  that  Mr.  Deane  must 
be  regarded  an  enemy  alike  to  France  and  America. 
He  observed  to  me,  that  similar  reports  had  reached 
him  before,  but  that  he  had  been  unwilling  to  admit 
their  truth."  In  a  note,  Mr.  Watson  quotes  from  a 
letter  of  John  Trumbull,  the  author  of  "  McFingal," 
some  remarks  in  vindication  of  Mr.  Deane,  and  calcu 
lated  to  explain,  at  least,  in  part,  the  reasons  which 
led  to  many  of  his  acts. — See  "Men  and  Times  of 
the  Revolution"  pp.  130,  131. 


CA 


APPENDIX  TO  CHAPTER  VI. 


[Ik.  III. 


APPENDIX    TO     CHAPTER    VI, 


THE  CONTINENTAL  PAPER  CURRENCY.* 

IN  the  modern  mode  of  making  war,  money  is 
not  less  essential,  than  valor  in  the  field,  or  wis 
dom  in  the  cabinet.  The  deepest  purse  decides 
the  fate  of  contending  nations,  as  often  as  the 
longest  sword.  It  early  occurred  to  the  founders 
of  the  American  empire,  that  the  established 
revenues  of  Great  Britain,  must  eventually  over 
balance  the  sudden  and  impetuous  sallies  of  men 
contending  for  freedom,  on  the  spur  of  the  oc 
casion,  and  without  the  permanent  means  of  de 
fence  ;  but  how  to  remedy  the  evil,  puzzled  their 
wisest  politicians.  Gold  and  silver,  as  far  as  was 
known,  had  not  a  physical  existence  in  the  coun 
try,  in  any  quantity  equal  to  the  demands  of  war, 
nor  could  they  be  procured  from  abroad,  as  the 
channels  of  commerce  had  been  previously  shut, 
by  the  voluntary  association  of  Congress  to  sus 
pend  foreign  trade.  America  having  never  been 
much  taxed  in  any  direct  way,  and  being  without 
established  governments,  and  especially  as  she 
was  contending  against  what  was  lately  lawful 
authority,  could  not  immediately  proceed  to  tax 
ation.  Besides,  as  the  contest  was  on  the  subject 
of  taxation,  the  laying  on  of  taxes  adequate  to 
the  exigencies  of  war,  even  though  it  had  been 
practicable,  would  have  been  impolitic.  The  only 
plausible  expedient  in  their  power  to  adopt,  was 
the  emission  of  bills  of  credit,  representing  specie, 
under  a  public  engagement  to  be  ultimately  sunk 
by  equal  taxes,  or  exchanged  for  gold  or  silver. 
This  practice  had  been  similar  from  the  first  set 
tlement  of  the' colonies,  and  under  proper  restric 
tions,  had  been  found  highly  advantageous.  Their 
resolution  to  raise  an  army  in  June,  1775,  was 
therefore  followed  by  another,  to  emit  bills  of 
credit,  to  the  amount  of  two  millions  of  dollars. 
To  that  sum,  on  the  25th  of  the  next  month,  it 
was  resolved  to  add  another  million.  For  their 


*  Ramsay's  "  History  of  the  American  Revolution"  vol.  ii.,  pp. 
112-22. 


redemption,  they  pledged  the  confederated  col 
onies,  and  directed  eacli  colony  to  find  ways  and 
means,  to  sink  its  proportion  and  quota,  in  four 
annual  payments,  the  first  to  be  made  on  or  be 
fore  the  last  of  November,  1779.  That  time  was 
fixed  upon  from  an  expectation,  that  previous  to 
its  arrival,  the  contest  would  be  brought  to  a  con 
clusion.  On  the  29th  of  November,  1775,  an 
estimate  having  been  made  by  Congress,  of  the 
public  expenses  already  incurred,  or  likely  to  be 
incurred  in  carrying  on  their  defence,  till  the  10th 
of  June,  1776,  it  was  resolved  to  emit  a  farther 
sum  of  three  millions  of  dollars,  to  be  redeemed 
as  the  former,  by  four  annual  payments,  the  first 
to  be  made  on  or  before  the  last  day  of  Novem 
ber,  1779.  It  was  at  the  same  time  determined, 
that  the  quotas  of  bills  to  be  redeemed  by  each 
colony,  should  be  in  a  relative  proportion  to  their 
respective  numbers  of  inhabitants.  This  estimate 
was  calculated  to  defray  expenses  to  the  10th  of 
June,  1776,  on  the  idea  that  an  accommodation 
would  take  place  before  that  time.  Hitherto, 
all  arrangements,  both  for  men  and  money,  were 
temporary,  and  founded  on  the  supposed  proba 
bility  of  a  reconciliation.  Early  in  1776,  Con 
gress  obtained  information,  tliat  Great  Britain 
had  contracted  for  sixteen  thousand  foreign  mer 
cenaries,  to  be  sent  over  for  the  purpose  of  sub 
duing  America."  This  enforced  the  necessity  of 
extending  their  plan  of  defence  beyond  the  10th 
of  the  next  June.  They,  therefore,  on  the  17th 
of  February,  1776,  ordered  four  millions  of  dol 
lars  to  be  emitted,  and  on  the  9th  of  May,  and 
the  22d  of  July  following,  emitted  ten  millions 
more  on  the  same  security.  Such  was  the  ani 
mation  of  the  times,  that  these  several  emissions, 
amounting  in  the  aggregate,  to  twenty  millions 
of  dollars,  circulated  for  several  months,  without 
any  depreciation,  and  commanded  the  resources 
of  the  country  for  public  service,  eqnally  with  the 
same  sum  of  gold  or  silver.  The  United  States 
derived  for  a  considerable  time,  as  much  benefit 
from  this  paper  creation  of  their  own,  though 


Cu.  VI. 


THE  CONTINENTAL  PAPER  CURRENCY. 


G5 


without  any  established  funds  for  its  support  or 
redemption,  as  would  have  resulted  from  a  free 
gift  of  as  many  Mexican  dollars.  While  the 
ministry  of  England  were  puzzling  themselves  for 
new  taxes,  and  funds  on  which  to  raise  their  sup 
plies,  Congress  raised  theirs  by  resolutions,  di 
recting  paper  of  no  intrinsic  value  to  be  struck 
off,  in  form  of  promissory  notes.  But  there  was 
a  point,  both  in  time  and  quantity,  beyond  which 
this  congressional  alchymy  ceased  to  operate. 
That  time  was  about  eighteen  months  from  the 
date  of  their  first  emission,  and  that  quantity 
about  twenty  millions  of  dollars. 

Independence  being  declared  in  the  second 
"year  of  the  war,  and  the  object  for  which  arms 
were  at  first  assumed  being  changed,  it  was 
obvious  that  more  money  must  be  procured,  and 
equally  so,  that  if  bills  of  credit  were  multiplied 
beyond  a  reasonable  sum  for  circulation,  they 
must  necessarily  depreciate.  It  was  therefore,  on 
the  3d  of  October,  1776,  resolved  to  borrow  fire 
millions  of  dollars,  and  in  the  month  following,  a 
lottery  was  set  on  foot  for  obtaining  a  farther 
sum  on  loan.  The  expenses  of  the  war  were  so 
great,  that  the  money  arising  from  both,  though 
considerable,  was  far  short  of  a  sufficiency.  The 
rulers  of  America  thought  it  still  premature,  to 
urge  taxation.  They  therefore  reiterated  the  ex 
pedient  of  farther  emissions.  The  ease  with  which 
the  means  of  procuring  supplies  were  furnished  by 
striking  off  bills  of  credit,  and  the  readiness  of  the 
people  to  receive  them,  prompted  Congress  to 
multiply  them  beyond  the  limits  of  prudence.  A 
diminution  of  their  value  was  the  unavoidable  con 
sequence.  This,  at  first,  was  scarcely  perceivable1, 
but  it  daily  increased.  The  zeal  of  the  people, 
nevertheless,  so  far  overbalanced  the  nice  mer 
cantile  calculations  of  interest,  that  the  campaigns 
of  1776  and  1777,  were  not  affected  by  the  de 
preciation  of  the  paper  currency.  Congress  fore 
saw  that  this  could  not  long  be  the  case.  It  was, 
therefore,  on  the  22d  of  November,  1777,  recom 
mended  to  the  several  states,  to  raise  by  taxes, 
the  sum  of  five  millions  of  dollars,  for  the  service 
of  the  year  1778. 

Previously  to  this,  it  had  been  resolved  to 
borrow  larger  sums,  and  for  the  encouragement 
of  lenders,  it  was  agreed  to  pay  the  interest 
which  should  accrue  thereon,  by  bills  of  exchange, 
payable  in  France,  out  of  moneys  borrowed  there 


for  the  use  of  the  United  States.  This  tax  un 
fortunately  failed  in  several  of  the  states.  From 
the  impossibility  of  procuring  a  sufficiency  of 
money,  either  from  loans  or  taxes,  the  old  ex 
pedient  of  farther  emissions,  was  reiterated ;  but 
the  value  decreased,  as  the  quantity  increased. 
Congress,  anxious  to  put  a  stop  to  the  increase 
of  their  bills  of  credit,  and  to  provide  a  fund  for 
reducing  what  were  issued,  called  upon  the  states, 
on  the  1st  of  January,  1779,  to  pay  into  the  con 
tinental  treasury  their  respective  quotas,  of  fifteen 
millions  of  dollars,  for  the  service  of  that  year, 
and  of  six  millions  annually,  from  and  after  the 
year  1779,  as  a  fund  for  reducing  their  early 
emissions  and  loans.  Such  had  been  the  mis 
taken  ideas,  which  originally  prevailed  of  the  du 
ration  of  the  contest,  that  though  the  war  was 
raging,  and  the  demands  for  money  unabated,  yet 
the  period  was  arrived  which  had  been  originally 
fixed  upon  for  the  redemption  of  the  first  emis 
sions  of  Congress. 

In  addition  to  these  fifteen  millions  called  for 
on  the  1st  of  January,  1779,  the  states  were,  on 
the  21st  of  May  following,  called  upon  to  furnish, 
for  public  service,  within  the  current  year,  their 
respective  quotas  of  forty-five  millions  of  dollars. 
Congress  wished  to  arrest  the  growing  deprecia 
tion,  and  therefore  called  for  taxes  in  large  sums, 
proportioned  to  the  demands  of  the  public,  and 
also  to  the  diminished  value  of  their  bills.  These 
requisitions,  though  nominally  large,  were  by  no 
means  sufficient.  From  the  fluctuating  state  of 
the  money,  it  was  impossible  to  make  any  certain 
calculations,  for  it  was  not  two  days  of  the  same 
value.  A  sum  which,  when  demanded,  would 
have  purchased  a  sufficiency  of  the  commodities 
wanted  for  the  public  service,  was  very  inade 
quate,  when  the  collection  was  made,  and  the 
money  lodged  in  the  treasury.  The  depreciation 
began  at  different  periods,  in  different  states  ;  but 
became  general  about  the  middle  of  the  year 

1777,  and  progressively  increased  for  three  or 
four  years.     Towards   the  end  of  1777,  the  de 
preciation  was  about  two  or  three  for  one  ;  in 

1778,  it  advanced  from  two  or  three  for  one,  to 
five  or  six  for  one  ;  in  1779,  from  five  or  six  for 
one,  to  twenty-seven  or  twenty-eight  for  one  ;  in 
1780,  from  twenty-seven  or  twenty-eight  for  one, 
to  lifty  or  sixty  for  one,  in  the  first  four  or  five 

i  months.     Its  circulation  was  afterwards  partial, 


APPENDIX   TO   CHAPTER   VI. 


[B*.  III. 


but  where  it  passed,  it  soon  depreciated  to  one 
hundred  and  fifty  for  one.  In  some  few  parts,  it 
continued  in  circulation  for  the  first  four  or  five 
months  of  1781,  but  in  this  latter  period,  many 
would  not  take  it  at  any  rate,  and  they  who  did, 
received  it  at  a  depreciation  of  several  hundreds 
for  one. 

As  there  was  a  general  clamor  on  account  of 
the  floods  of  money,  which,  at  successive  periods, 
had  deluged  the  states,  it  was  resolved,  in  Oc 
tober,  1779,  that  no  farther  sum  should  bo  issued 
on  any  account  whatever,  than  what,  when  added 
to  the  present  sum  in  circulation,  would,  in  the 
whole,  be  equal  to  two  hundred  millions  of  dol 
lars.  It  was  at  the  same  time,  resolved,  that 
Congress  should  emit  only  such  a  part  of  the  sum 
wanting  to  make  up  two  hundred  millions,  as 
should  be  absolutely  necessary  for  the  public  exi 
gencies,  before  adequate  supplies  could  be  other 
wise  obtained,  relying  for  such  supplies  on  the  ex 
ertions  of  the  several  states.  This  was  forcibly 
represented  in  a  circular  letter  from  Congress  to 
their  constituents,  and  the  states  were  earnestly 
entreated  to  prevent  that  deluge  of  evils  which 
would  flow  from  their  neglecting  to  furnish  ade 
quate  supplies  for  the  wants  of  the  confederacy. 
The  same  circular  letter  stated  the  practicability 
of  redeeming  all  the  bills  of  Congress,  at  par,  with 
gold  and  silver,  and  rejected  with  indignation,  the 
supposition,  that  the  states  would  ever  tarnish 
their  credit,  by  violating  public  faith.  These 
strong  declarations  in  favor  of  paper  currency, 
deceived  many,  to  repose  confidence  in  it  to  their 
ruin.  Subsequent  events  compelled  Congress  to 
adopt  the  very  measure  in  1780,  which,  in  the 
preceding  year,  they  had  sincerely  reprobated. 

From  the  non-compliance  of  the  states,  Con 
gress  was  obliged,  in  a  short  time  after  the  date 
of  their  circular  letter,  to  issue  such  a  farther 
quantity,  as  when  added  to  previous  emissions, 
made  the  sum  of  two  hundred  millions  of  dollars. 
Besides  this  immense  sum,  the  paper  emissions  of 
the  different  states  amounted  to  many  millions  ; 
which  mixed  with  the  continental  money,  and 
added  to  its  depreciation.  What  was  of  little 
value  before,  now  became  less.  The  whole  was 
soon  expended,  and,  yet,  from  its  increased  de 
preciation,  the  immediate  wants  of  the  army  were 
not  supplied.  The  source,  which,  for  five  years, 
had  enabled  Congress  to  keep  an  army  in  the 


field,  being  exhausted,  General  Washington  was 
reduced  for  some  time  to  the  alternative  of  dis 
banding  his  troops,  or  of  supplying  them  by  a 
military  force.  He  preferred  the  latter,  and  the 
inhabitants  of  New  York  and  New  Jersey,  though 
they  felt  the  injury,  saw  the  necessity,  and  pa 
tiently  submitted. 

The  states  were  next  called  upon  to  furnish,  in 
lieu  of  money,  determinate  quantities  of  beef,  pork, 
flour,  and  other  articles  for  the  use  of  the  army. 
This  was  called  a  requisition  for  specific  supplies, 
or  a  tax  in  kind,  and  was  found,  on  experiment,  to 
be  so  difficult  of  execution,  so  inconvenient,  par 
tial,  and  expensive,  that  it  was  speedily  aban 
doned.  About  this  time,  Congress  resolved  upon 
another  expedient.  This  was  to  issue  a  new 
species  of  paper  money,  under  the  guarantee  of 
the  several  states.  The  old  money  was  to  be 
called  in  by  taxes,  and  as  soon  as  brought  in,  to 
be  burnt  ;  and  in  lieu  thereof,  one  dollar  of  the 
new  was  to  be  emitted  for  every  twenty  of  the 
old,  so  that  when  the  whole  two  hundred  millions 
were  drawn  in  and  cancelled,  only  ten  millions  of 
the  new  should  be  issued  in  their  place,  four- 
tenths  of  which  were  to  be  subject  to  the  order 
of  Congress,  and  the  remaining  six-tenths  to  the 
order  of  the  several  states.  These  new  bills  were 
to  be  redeemable  in  specie,  within  six  years,  and 
bear  an  interest,  at  the  rate  of  five  per  cent.,  to 
be  paid  also  in  specie,  at  the  redemption  of  the 
bills,  or  at  the  election  of  the  owner,  annually  in 
bills  of  exchange,  on  the  American  commissioners 
in  Europe,  at  four  shillings  and  sixpence  for  each 
dollar. 

From  the  execution  of  these  resolutions,  it  was 
expected,  that  the  old  money  would  be  cancelled  ; 
that  the  currency  would  be  reduced  to  a  fixed 
standard  ;  that  the  states  would  be  supplied  with 
the  means  of  purchasing  the  specie  supplies  re 
quired  of  them  ;  and  that  Congress  would  be 
furnished  with  efficient  money,  to  provide  for  -the 
exigencies  of  the  war.  That  these  good  effects 
would  have  followed,  even  though  the  resolutions 
of  Congress  had  been  carried  into  execution,  is 
very  questionable,  but  from  the  partial  com 
pliances  of  the  states,  the  experiment  was  never 
fairly  made,  and  the  new  paper  answered  very 
little  purpose.  It  was  hoped,  by  varying  the 
ground  of  credit,  that  Congress  would  give  a  rcj)- 
etition  of  the  advantages  which  resulted  from 


On.  VI.] 


THE  CONTINENTAL  PAPER  CURRENCY. 


G7 


their  first  paper  expedient,  but  these  hopes  were 
of  short  duration.  By  this  time,  much  of  the  pop 
ular  enthusiasm  had  spent  itself,  and  confidence 
in  public  engagements  was  nearly  expired.  The 
event  proved,  that  credit  is  of  too  delicate  a  na 
ture  to  be  sported  with,  and  can  only  be  main 
tained  by  honesty  and  punctuality.  The  several 
expedients  proposed  by  Congress,  for  raising  sup 
plies  having  failed,  a  crisis  followed,  very  interest 
ing  to  the  success  of  the  Revolution.  The  partic 
ulars  of  this  shall  be  related  among  the  public 
events  of  the  year  1781,  in  which  it  took  place. 
Some  observations  on  that  primary  instrument  of 
American  Independence,  the  old  continental  bills 
of  credit,  shall  for  the  present  close  this  subject. 

It  would  have  been  impossible  to  have  carried 
on  the  war,  without  something  in  the  form  of 
money.  There  was  spirit  enough  in  America,  to 
bring  to  the  field  of  battle  as  many  of  her  sons,  as 
would  have  outnumbered  the  armies  of  Britain, 
and  to  have  risked  their  fate  on  a  general  en 
gagement  ;  but  this  was  the  very  thing  they 
sought  to  avoid.  Their  principal  hope  lay  in  evac 
uating,  retreating,  and  protracting  to  its  utmost 
length  a  war  of  posts.  The  continued  exertions, 
necessary  for  this  species  of  defence,  could  not 
be  expected  from  the  impetuous  sallies  of  militia. 
A  regular  permanent  army  became  necessary. 
Though  the  enthusiasm  of  the  times  might  have 
dispensed  with  present  pay,  yet  without  at  least 
as  much  money  as  would  support  them  in  the 
field,  the  most  patriotic  army  must  have  dis 
persed. 

The  impossibility  of  the  Americans  procuring 
gold  and  silver,  even  for  that  purpose,  doubtless 
weighed  with  the  British,  as  an  encouragement, 
to  bring  the  controversy  to  the  decision  of  the 
sword.  What  they  knew  could  not  be  done  by 
ordinary  means,  was  accomplished  by  those  which 
were  extraordinary.  Paper  of  no  intrinsic  value, 
was  made  to  answer  all  the  purposes  of  gold  and 
silver,  and  to  support  the  expenses  of  five  cam 
paigns.  This  was,  in  some  degree,  owing  to  a 
previous  confidence,  which  had  been  begotten  by 
honesty  and  fidelity,  in  discharging  the  engage 
ments  of  government.  From  New  York  to  Georgia, 
there  never  had  been,  in  matters  relating  to  money, 
an  instance  of  a  breach  of  public  faith.  In  the 
scarcity  of  gold  and  silver,  many  emergencies  had 
imposed  a  necessity  of  emitting  bills  of  credit. 


These  had  been  uniformly  and  honestly  redeemed. 
The  bills  of  Congress  being  thrown  into  circula 
tion,  on  this  favorable  foundation  of  public  confi 
dence,  were  readily  received.  The  enthusiasm  of 
the  people  contributed  to  the  same  effect.  That 
the  endangered  liberties  of  America  ought  to  be 
defended,  and  that  the  credit  of  their  paper  was 
essentially  necessary  to  a  proper  defence,  were 
opinions  engraven  on  the  hearts  of  a  great  ma 
jority  of  the  citizens.  It  was,  therefore,  a  point 
of  honor,  and  considered  as  a  part  of  duty,  to 
take  the  bills  freely  at  their  full  value.  Private 
gain  was  then  so  little  regarded,  that' the  Whig 
citizens  were  willing  to  run  all  the  hazards  inci 
dental  to  bills  of  credit,  rather  than  injure  the 
cause  of  their  country,  by  undervaluing  its  money. 
Every  thing  human  has  its  limits.  While  the 
credit  of  the  money  was  well  supported  by  pub 
lic  confidence  and  patriotism,  its  value  diminished 
from  the  increase  of  its  quantity.  Repeated 
emissions  begat  that  natural  depreciation,  which 
results  from  an  excess  of  quantity.  This  was 
helped  on  by  various  causes,  which  affected  the 
credit  of  the  money.  The  enemy  very  ingeniously 
counterfeited  their  bills,  and  industriously  circu 
lated  their  forgeries  through  the  United  States. 
Congress  allowed  to  their  public  agents  a  com 
mission,  on  the  amount  of  their  purchases.  In 
stead  of  exerting  themselves  to  purchase  at  a  low 
price,  they  had  therefore  an  interest  in  giving  a 
high  price  for  every  thing.  So  strong  was  the 
force  of  prejudice,  that  the  British  mode  of  sup 
plying  armies  by  contract,  could  not  for  a  long 
time,  obtain  the  approbation  of  Congress.  While 
these  causes  operated,  confidence  in  the  public- 
was  abating,  and  at  the  same  time,  that  fervor  of 
patriotism  which  disregarded  interest,  was  daily 
declining.  To  prevent,  or  retard  the  deprecia 
tion  of  their  paper  money,  Congress  attempted  to 
prop  its  credit,  by  means  which  wrecked  private 
property,  and  injured  the  morals  of  the  people, 
without  answering  the  end  proposed.  They  recom 
mended  to  the  states,  to  pass  laws  for  regulating 
the  prices  of  labor,  manufacture,  and  all  sorts  of 
commodities  ;  for  confiscating  and  selling  the 
estates  of  tories ;  and  for  investing  the  money 
arising  from  the  sales  thereof  in  loan-office  certi 
ficates.  As  many  of  those  who  were  disaffected 
to  the  Revolution,  absolutely  refused  to  take  the 
bills  of  Congress,  even  in  the  first  stage  of  the 


G8 


APPENDIX  TO   CHAPTER  VI. 


[RK.  III. 


war,  when  the  real  and  nominal  value  was  the 
same,  with  the  view  of  counteracting  their  machin 
ations,  Congress  early  recommended  to  the  states, 
to  pass  laws  for  making  the  paper  money,  a  legal 
tender,  at  their  nominal  value,  in  the  discharge 
of  bona  fide  debts,  though  contracted  to  be  paid 
in  gold  or  silver.  With  the  same  views,  they 
farther  recommended,  that  laws  should  be  passed 
by  each  of  the  states,  ordaining  that  "  whosoever 
should  ask  or  receive  more,  in  their  bills  of  credit 
for  gold  or  silver,  or  any  species  of  money  what 
soever,  than  the  nominal  sum  thereof,  in  Spanish 
dollars,  or  more  in  the  said  bills  for  any  com 
modities  whatsoever,  than  the  same  could  be  pur 
chased  from  the  same  person  in  gold  and  silver,  or 
offer  to  sell  any  commodities  for  gold  or  silver, 
and  refuse  to  sell  the  same  for  the  said  bills,  shall 
be  deemed  an  enemy  to  the  liberties  of  the  United 
States,  and  forfeit  the  property,  so  sold,  or  offered 
for  sale."  The  laws  which  were  passed  by  the 
states,  for  regulating  the  prices  of  labor  and  com 
modities,  were  found,  on  experiment,  to  be  vis 
ionary  and  impracticable.  They  only  operated 
on  the  patriotic  few,  who  were  disposed  to  sacri 
fice  every  thing  in  the  cause  of  their  country,  and 
who  implicitly  obeyed  every  mandate  of  their 
rulers.  Others  disregarded  them,  and  either  re 
fused  to  part  with  their  commodities,  or  demand 
ed  and  obtained  their  own  prices. 

These  laws,  in  the  first  instance,  made  an  arti 
ficial  scarcity,  and  had  they  not  been  repealed, 
would  soon  have  made  a  real  one,  for  men  never 
exert  themselves,  unless  they  have  the  fruit  of 
their  exertions  secured  to  them,  and  at  their  own 
disposal. 

The  confiscation  and  sale  of  the  property  of 
tories,  for  the  most  part,  brought  but  very  little 
into  the  public  treasury.  The  sales  were  gen 
erally  made  for  credit,  and  by  the  progressive  de 
preciation,  what  was  dear  at  the  time  of  the  pur 
chase,  was  very  cheap  at  the  time  of  payment. 
The  most  extensive  mischief  resulted  in  the  prog 
ress,  and  towards  the  close  of  the  war,  from  the 
operation  of  the  laws,  which  made  the  paper  bills 
a  tender,  in  the  discharge  of  debts  contracted, 
payable  in  gold  or  silver.  When  this  measure 
was  first  adopted,  little  or  no  injustice  resulted 
from  it,  for  at  that  time, .  the  paper  bills  were 
equal,  or  nearly  equal  to  gold  or  silver,  of  the 
same  nominal  sum.  In  the  progress  of  the  war, 


when  depreciation  took  place,  the  case  was  ma 
terially  altered.  Laws  which  were  originally  in 
nocent,  became  eventually  the  occasion  of  much 
injustice. 

The  aged,  who  had  retired  from  the  scenes  of 
active  business,  to  enjoy  the  fruits  of  their  indus 
try,  found  their  substance  melting  away  to  a  mere 
pittance,  insufficient  for  their  support.  The  widow 
who  lived  comfortably  on  the  bequests  of  a  de 
ceased  husband,  experienced  a  frustration  of  all 
his  well  meant  tenderness.  The  laws  of  the  coun 
try  interposed,  and  compelled  her  to  receive  a 
shilling,  where  a  pound  was  her  due.  The  bloom 
ing  virgin,  who  had  grown  up,  with  an  unquestion 
able  title  to  a  liberal  patrimony,  was  legally  strip 
ped  of  every  thing,  but  her  personal  charms  and 
virtues.  The  hapless  orphan,  instead  of  receiving 
from  the  hands  of  an  executor,  a  competency,  to 
set  out  in  business,  was  obliged  to  give  a  final  dis 
charge,  on  the  payment  of  sixpence  in  the  pound. 
In  many  instances,  the  earnings  of  a  long  life  of 
care  and  diligence,  were,  in  the  space  of  a  few 
years,  reduced  to  a  trifling  sum.  A  few  persons 
escaped  these  affecting  calamities,  by  secretly 
transferring  their  bonds,  or  by  flying  from  the 
presence  or  neighborhood  of  their  debtors.  The 
evils  which  resulted  from  the  legal  tender  of  these' 
paper  bills,  were  foreign  from  the  intentions  of 
Congress,  and  of  the  state  legislatures. 

It  is  but  justice  to  add,  farther,  that  a  great 
proportion  of  them  flowed  from  ignorance.  Till 
the  year  1780,  when  the  bills  fell  to  forty  for  one, 
it  was  designed  by  most  of  the  rulers  of  America, 
and  believed  by  a  great  majority  of  the  people, 
that  the  whole  sum  in  circulation,  would  be  ap 
preciated  by  a  reduction  of  its  quantity,  so  as 
finally  to  be  equal  to  gold  or  silver.  In  every  de 
partment  of  government,  the  Americans  erred 
from  ignorance,  but  in  none  so  much,  as  in  that 
which  related  to  money. 

Such  were  the  evils  which  resulted  from  paper 
money.  On  the  other  hand,  it  was  the  occasion 
of  good  to  many.  It  was  at  all  times  the  poor 
man's  friend.  While  it  was  current,  all  kinds  of 
labor  very  readily  found  their  reward.  In  the 
first  years  of  the  war,  none  were  idle  from  want 
of  employment,  and  none  were  employed,  without 
having  it  in  their  power  to  obtain  ready  payment 
for  their  services.  To  that  class  of  people,  whose 
daily  labor  was  their  support,  the  depreciation  was 


CH.  VI.] 


THE  CONTINENTAL  PAPER  CURRENCY. 


no  disadvantage.  Expending  their  money  as  fast 
as  they  received  it,  they  always  got  its  full  value. 
The  reverse  was  the  case  with  the  rich,  or  those 
who  were  disposed  to  hoarding.  No  agrarian 
law  ever  had  a  more  extensive  operation,  than 
continental  money.  That  for  which  the  Gracchi 
lost  their  lives  in  Rome,  was  peaceably  effected 
in  the  United  States,  by  the  legal  tender  of  these 
depreciating  bills.  The  poor  became  rich,  the 
rich  became  poor.  Money  lenders,  and  they 
whose  circumstances  enabled  them  to  give  credit, 
were  essentially  injured.  All  that  the  money  lost 
in  its  value,  was  so  much  taken  from  their  capital, 
but  the  active  and  industrious  indemnified  them 
selves  by  conforming  the  price  of  their  services  to 
the  present  state  of  the  depreciation.  The  expe 
rience  of  this  time  inculcated  on  youth  two  salu 
tary  lessons,  the  impolicy  of  depending  on  pater 
nal  acquisitions,  and  the  necessity  of  their  own 
exertions.  They  who  were  in  debt,  and  possessed 
property  of  any  kind,  could  easily  make  the  latter 
extinguish  the  former.  Every  thing  that  was 
useful,  when  brought  to  market,  readily  found  a 
purchaser.  A  hog  or  two  would  pay  for  a  slave  ; 
a  few  cattle,  for  a  comfortable  house  ;  and  a  good 
horse,  for  an  improved  plantation.  A  small  part 
of  the  productions  of  a  farm,  would  discharge  the 
long  outstanding  accounts,  due  from  its  owner. 
The  dreams  of  the  golden  age  were  realized  to  the 
poor  man  and  the  debtor  ;  but  unfortunately  what 
these  gained,  was  just  so  much  taken  from  others. 
VOL.  II.— 9 


The  evils  of  depreciation  did  not  terminate  with 
the  war.  They  extend  to  the  present  hour. 
That  the  helpless  part  of  the  community  were 
legislatively  deprived  of  their  property,  was  among 
the  lesser  evils,  which  resulted  from  the  legal  ten 
der  of  the  depreciated  bills  of  credit.  The  iniquity 
of  the  laws  estranged  the  minds  of  many  of  the 
citizens  from  the  habits  and  love  of  justice. 

The  nature  of  obligations  was  so  far  changed, 
that  he  was  reckoned  the  honest  man,  who  from 
principle  delayed  to  pay  his  debts.  The  mounds 
which  government  had  erected,  to  secure  the  ob 
servance  of  honesty  in  the  commercial  intercourse 
of  man  with  man,  were  broken  down.  Truth, 
honor,  and  justice,  were  swept  away  by  the  over 
flowing  deluge  of  legal  iniquity  ;  nor  have  they 
yet  assumed  their  ancient  and  accustomed  seats. 
Time  and  industry  have  already,  in  a  great  degree, 
repaired  the  losses  of  property,  which  the  citizens 
sustained  during  the  war,  but  both  have  hitherto 
failed  in  effacing  the  taint  which  was  then  com 
municated  to  their  principles,  nor  can  its  total 
ablution  be  expected  till  a  new  generation  arises, 
unpracticed  in  the  iniquities  of  their  fathers. 


Such  was  the  language  of  that  excellent  patriot, 
Dr.  David  Ramsay,  nearly  seventy  years  ago. 
We  have  not  altered  a  single  word  ;  and  we  ven 
ture  to  commend  his  remarks  to  the  thoughtful  con 
sideration  of  those  who  read  and  profit  by  their 
country's  history. 


70 


THE   CAMPAIGN    OF   1780. 


[Ex.  HI. 


CHAPTER    VII. 
1780, 

THE     CAMPAIGN     OF     1780. 

Sir  Henry  Clinton  proceeds  to  the  south  —  Amount  of  his  force  —  Lays  siege  to  Charleston  —  Progress  of  the  siege  — 
Lincoln  obliged  to  surrender  —  Measures  of  Clinton — Cornwallis's  activity  —  Colonel  Buford  defeated  by 
Tarleton — Clinton's  proclamation — Unjust  and  impolitic  —  Cornwallis  in  command —  His  plans — State  of 
things  at  the  south  —  Sumpter's  exploits  — The  people  begin  to  recover  spirit  —  Gates  appointed  by  Congress 
to  command  in  the  south  — His  movements — The  battle  of  Camden  —  Gates's  defeat  and  flight —  Greene 
appointed  his  successor — Cornwallis's  proceedings — Ferguson  defeated  at  King's  Mountain — Sumpter's 
Partisan  warfare — The  "rebel  ladies"  —  Patriotism  of  the  women  of  those  days  —  Lord  Stirling  attacks  the 
British  on  Staten  Island  —  Conduct  of  the  officers  of  the  Jersey  line  —  Knyphausen's  movements  —  Lafayette 
returns  to  America  —  French  succors  expected  —  Slow  movements  of  Congress,  and  of  the  states,  in  furnishing 
quotas  of  troops  —  Washington's  letter  to  Congress  —  Patriotism  of  the  citizens  of  Philadelphia  —  Washington's 
embairassments  —  Arrival  of  the  French  fleet  —  Disappointment  of  the  commander-in-chief — The  traitor 
BENEDICT  ARNOLD — Causes  which  led  to  his  treachery — Andre  meets  him — capture  of  Andre  —  Arnold's 
escape —  Discovery  of  his  treason  —  Andre's  trial  and  condemnation  —  Dr.  Thacher's  account  of  the  execution  — 
Washington  acknowledges  the  interposition  of  Providence  —  Remainder  of  the  Campaign  —  Winter-quarters. 
APPKNUIX  TO  CHAPTER  VII. — I.  "The  Cow  Chace,"  by  Andre.  II.  Lee's  Narrative  of  Sergeant  Champe's 
Adventures. 


THE  Count  D'Estaing,  having  de 
parted  with  his  fleet,  as  related  on  page 
56,  Sir  Henry  Clinton  determined  to 
undertake  anew,  offensive  operations 
at  the  south.  Leaving  General  Kny- 
phausen  in  command  at  New  York, 
Clinton  embarked,  at  the  close  of 
December,  17Y9,  with  some  seven  or 
eight  thousand  men,  for  Savannah. 
He  carried  with  him  a  corps  of  cavalry, 
and  large  supplies  of  military  stores 
and  provisions.  The  weather  having 
proved  very  tempestuous,  Clinton's 
fleet  was  dispersed,  and  suffered  se 
verely.  One  of  the  ships  foundered, 
another  was  taken  by  the  Americans, 
and  nearly  all  the  horses  per- 

178O. 

ished.  On  the  last  day  of 
January,  the  scattered  armament  as 
sembled  at  Tybee,  in  Georgia. 

The  British  commander  had  hoped 


to  be  able  to  attack  the  capital  of 
South  Carolina,  before  there  was  time 
to  prepare  for  its  defence  ;  but,  the  de 
lay  occasioned  by  refitting,  on  the  coast 
of  Georgia,  gave  the  Carolinians  an  op 
portunity  of  providing,  as  far  as  pos 
sible,  against  the  threatened  blow. 
Every  effort  was  made,  on  the  part  of 
General  Lincoln,  and  Governor  Rut- 
ledge,  to  put  the  city  in  a  state  of  de 
fence  ;  but,  there  were  so  many  adverse 
circumstances  in  their  way, — such  as,  the 
want  of  troops,  the  unwillingness  of  the 
militia  to  serve,  fear  of  the  small-pox, 
which  at  the  time  prevailed  in  Charles 
ton,  deficiency  of  funds,  failure  of  Con 
gress  to  send  a  suitable  reinforcement, 
and  the  like, — that  it  was  found  im 
possible  to  provide  fully  against  the 
approach  of  the  British.  Some  six  hun 
dred  negroes  were  set  to  work,  under 


CH.  VII.] 


THE  SIEGE  OF  CHARLESTON. 


71 


French  engineers,  and  the  fortifications 
were  rendered  extensive  and  formida 
ble  ;  and  had  Lincoln  been  supplied  with 
the  nine  thousand  men,  which  had  been 
promised,  and  not  compelled  to  rely  on 
less  than  three  thousand,  there  is  little 
doubt  that  he  could  have  defended 
Charleston  against  the  British  attack. 

On  the  llth  of  February,  Clinton 
landed  on  John's  Island,  thirty  miles 
south  of  Charleston.  Had  he  then 
inarched  rapidly  upon  the  city,  he 
would  probably  have  entered  it  with 
out  much  opposition ;  but,  mindful  of 
his  repulse  in  1776,  his  progress  was 
marked  by  a  wary  circumspection.  He 
proceeded  by  the  islands  of  St.  John 
and  St.  James,  while  part  of  his  fleet 
advanced  to  blockade  the  harbor.  He 
sent  for  a  reinforcement  from  New 
York,  ordered  General  Prevost  to  join 
him  with  eleven  hundred  men  from 
Savannah,  and  neglected  nothing  that 
could  insure  success. 

Meanwhile,  Governor  Rutledge,  with 
such  of  his  council,  as  he  could  con 
veniently  consult,  was  invested  with  a 
dictatorial  authority,  and  empowered  to 
do  every  thing  necessary  for  the  public 
good,  except  taking  away  the  life  of  a 
citizen  without  legal  trial.  The  As 
sembly,  after  delegating  to  the  gover 
nor  this  power,  till  ten  days  after  its 
next  session,  dissolved  itself.  Rutledge 
exerted  himself  in  every  possible  way, 
to  meet  the  present  emergency,  but 
with  only  partial  success. 

While  the  Americans  were  thus  en 
gaged,  Clinton  was  erecting  forts,  and 
forming  magazines,  at  proper  stations, 
and  was  careful  to  secure  his  communi 
cations  with  these  forts  and  the  sea. 


1780. 


All  the  horses  brought  from  New 
York  having  perished  on  the  voyage, 
Lieutenant-colonel  Tarleton,  a  cavalry 

«/ 

officer,  who  won  for  himself  a  name, 
not  to  be  envied,  was  successful  in  ob 
taining,  on  Port  Royal  Island,  partly 
by  force,  and  partly  by  money,  a  con 
siderable  supply  of  horses,  on  which  he 
mounted  his  dragoons.  Thus,  about 
the  last  of  March,  every  thing  was  in 
preparation  for  commencing  the 
siege  of  Charleston ;  the  British 
army  was  separated  from  the  place  only 
by  the  waters  of  the  River  Ashley. 

On  the  night  of  the  1st  of  April, 
Clinton  broke  ground  eight  hundred 
yards  from  the  American  works.  The 
fortifications  of  Charleston  had  been 
constructed  under  the  direction  of  Mr. 
Laumoy,  a  French  engineer  of  reputa 
tion  ;  and,  although  not  calculated  to 
resist  a  regular  siege,  were  by  no  means 
contemptible :  and  the  British  general 
made  his  approaches  in  due  form. 
Meanwhile,  the  garrison  received  a  re 
inforcement  of  seven  hundred  continen 
tals,  under  General  Woodford ;  and, 
after  this  accession  of  strength,  amount 
ed  to  somewhat  more  than  two  thou 
sand  regular  troops,  besides  one  thou 
sand  militia  of  North  Carolina,  and  the 
citizens  of  Charleston.  Governor  Rut- 
ledge  made  every  effort  to  raise  the 
militia  of  the  province,  but  with  little 
success;  for  not  more  than  two  hun 
dred  of  them  were  in  the  capital. 

Admiral  Arbuthnot,  on  the  9th, 
taking  advantage  of  a  strong  southerly 
wind,  and  a  flowing  tide,  passed  Fort 
Moultrie,  and  anchored  just  within 
reach  of  the  guns  of  Charleston.  The 
fort  kept  up  a  heavy  fire  on  the  fleet 


72 


THE   CAMPAIGN  OF   1780. 


[BK.  III. 


while  passing,  which  did  some  damage 
to  the  ships,  and  killed  or  wounded 
twenty-seven  men.  Clinton,  having 
finished  his  first  parallel,  formed  an 
oblique  line  between  the  two  rivers, 
from  six  hundred  to  one  thousand  one 
hundred  yards  from  the  American 
works,  and  mounted  his  guns  in  batr 
tery.  He  then,  jointly  with  the  ad 
miral,  summoned  General  Lincoln  to 
surrender.  Lincoln's  answer  was  mod 
est  and  firm :  "  Sixty  days,"  said  he, 
"  have  passed  since  it  has  been  known 
that  your  intentions  against  this  town 
were  hostile,  in  which  time  was  afforded 
to  abandon  it ;  but  duty  and  inclination 
point  to  the  propriety  of  supporting  it 
to  the  last  extremity." 

The  only  communication  with  the 
country  was  kept  up  by  two  regiments 
of  horse,  under  the  command  of  Gen 
eral  Huger  and  Colonel  Washington, 
stationed  in  a  strong  position  at  Monk's 
Corner,  defended  by  a  morass  and  cause 
way.  Clinton  detached  Lieutenant- 
colonel  Webster,  one  of  his  best  offi 
cers,  to  surprise  this  important  post. 
He  was  accompanied  by  Ferguson  and 
Tarleton.  Conducted  by  a  negro,  whom 
they  had  captured,  about  three  in  the 
morning  of  the  14th  of  April,  the  Eng 
lish  came  suddenly  on  the  Americans, 
and  made  great  havoc  with  the  de 
tachment.  Huger  and  Washington, 
with  difficulty,  effected  their  escape, 
through  the  morass,  by  favor  of  the 
darkness.  Four  hundred  horses,  a  prize 
of  great  value,  fell  into  the  hands  of 
the  British,  together  with  a  considera 
ble  amount  of  arms,  clothing,  and  stores. 
Thus,  the  besieged  in  Charleston, 
were  entirely  inclosed,  and  the  sur- 


17T9. 


rounding   country  was  overrun   by  the 
enemy. 

An  evacuation  of  the  city  having  be 
come  next  to  impossible,  Lincoln,  on 
the  20th  of  April,  offered  to  capitulate 
on  certain  terms,  which  were  rejected 
by  Clinton.  Fort  Moultrie,  on  the  7th 
of  May,  surrendered  without  firing  a 
gun ;  and  the  city  was  now  completely 
invested.  All  hopes  of  assist 
ance  had  been  cruelly  disap 
pointed  ;  and  the  garrison  and  inhabi 
tants  were  left  to  their  own  resources. 
The  troops,  exhausted  by  incessant 
duty,  were  insufficient  to  man  the  lines. 
Many  of  the  guns  were  dismounted, 
the  shot  nearly  expended,  and  the 
bread  and  meat  almost  entirely  con 
sumed.  The  works  of  the  besiegers 
were  pushed  very  near  the  defences  of 
the  town,  and  the  issue  of  an  assault 
was  extremely  hazardous  to  the  garri 
son  and  inhabitants.  In  these  critical 
circumstances,  General  Lincoln  sum 
moned  a  council  of  war,  which  recom 
mended  a  capitulation.  Terms  were 
accordingly  proposed,  offering  to  sur 
render  the  town  and  garrison,  on  con 
dition  that  the  militia  and  armed  citi 
zens  should  not  be  prisoners  of  war, 
but  should  be  allowed  to  return  home 
without  molestation.  These  terms  were 
refused;  hostilities  recommenced,  and 
preparations  for  an  assault  were  in 
progress.  The  citizens,  who  had  for 
merly  remonstrated  against  the  de 
parture  of  the  garrison,  now  became 
clamorous  for  a  surrender.  In  this 
hopeless  state,  General  Lincoln  offered 
to  give  up  the  place,  on  the  terms 
which  Clinton  had  formerly  proposed. 
The  offer  was  accepted ;  and  the  capi- 


Cn.  VII.] 


EXPEDITIONS   PLANNED   BY  CLINTON. 


73 


filiation  was  signed  on  the  12th  of 
May. 

The  town  and  fortifications,  the  ship 
ping,  artillery,  and  all  public  stores, 
were  to  be  given  up  as  they  then 
were ;  the  garrison,  consisting  of  the 
continental  troops,  militia,  sailors,  and 
citizens  who  had  borne  arms  during 
the  siege,  were  to  be  prisoners  of  war; 
the  garrison  were  to  march  out  of  the 
town,  and  lay  down  their  arms  in  front 
of  the  works,  but  their  drums  were 
not  to  beat  a  British  march,  and  their 
colors  were  not  to  be  uncased;  the 
continental  troops  and  sailors  were  to 
be  conducted  to  some  place  afterwards 
to  be  agreed  on,  where  they  were  to 
be  well  supplied  with  wholesome  pro 
visions  till  exchanged ;  the  militia  were 
to  be  allowed  to  go  home  on  parole ; 
the  officers  were  to  retain  their  arms, 
baggage,  and  servants,  and  they  might 
sell  their  horses,  but  were  not  permitted 
to  take  them  out  of  Charleston ;  neither 
the  persons  nor  property  of  the  militia 
or  citizens  were  to  be  molested  so  long 
as  they  kept  their  parole.  General 
Lincoln  was  also  to  have  liberty  to  send 
a  ship  to  Philadelphia  with  his  dis 
patches. 

Thus,  after  a  siege  of  forty  days,  the 
capital  of  South  Carolina  fell  into  the 
hands  of  the  British.  Seven  general 
officers,  ten  continental  regiments,  much 
thinned,  it  is  true,  and  three  battalions 
of  artillery,  prisoners  of  the  enemy, 
gave  signal  importance  to  their  vic 
tory:  the  whole  number  of  men  in 
arms  who  were  taken,  was  estimated 
at  over  five  thousand.  Four  hundred 
pieces  of  artillery,  of  every  sort,  were 
the  prey  of  the  victors,  with  no  small 


quantity  of  powder,  balls  and  bombs : 
three  stout  American  frigates  and  two 
French  vessels,  augmented  the  value 
of  the  conquest.  General  Lincoln  was 
much  censured  in  consequence  of  what 
had  happened ;  but,  we  think,  unjustly, 
for,  under  the  circumstances  he  could 
not  well  have  done  otherwise  than  he 
did.  Had  he  received  proper  and 
prompt  assistance,  the  result,  no  doubt, 
would  have  proved  very  different. 

No  sooner  had  Clinton  taken  posses 
sion  of  Charleston,  than  he  hastened  to 
take  all  those  measures,  civil  as  well  as 
military,  which  were  judged  proper  for 
the  re-establishment  of  order ;  he  then 
made  his  dispositions  for  recovering  the 
rest  of  the  province,  where  every  thing 
promised  to  anticipate  the  will  of  the 
victor.  Determined  to  follow  up  his 
success,  before  his  own  people  should 
have  time  to  cool,  or  the  enemy  to  take 
breath,  he  planned  three  expeditions : 
one  towards  the  River  Savannah,  in 
Georgia ;  another  upon  Ninety-Six,  be 
yond  the  Saluda,  both  with  a  view  to 
raise  the  loyalists,  very  numerous  in 
those  parts ;  the  third  was  destined  to 
scour  the  country  between  the  Cooper 
and  Santee,  in  order  to  disperse  a  body 
of  republicans,  who,  under  the  conduct 
of  Colonel  Buford,  were  retiring  by 
forced  marches  towards  North  Carolina. 
All  three  were  completely  successful ; 
the  inhabitants  flocked  from  all  parts 
to  meet  the  royal  troops,  declaring 
their  desire  to  resume  their  ancient 
allegiance,  and  offering  to  defend  the 
royal  cause  with  arms  in  hand.  Many 
even  of  the  inhabitants  of  Charleston, 
excited  by  the  proclamations  of  the 
British  general,  manifested  a  like  zeal 


74 


THE  CAMPAIGN   OF   1780. 


[BK.  III. 


17SO. 


to  combat  under  his  banners.  Lord 
Cornwallis,  after  having  swept 
the  two  banks  of  the  Cooper  and 
passed  the  Santee,  made  himself  master 
of  Georgetown.  Such  was  the  devo 
tion,  either  real  or  feigned,  of  the  in 
habitants  towards  the  king ;  such  was 
their  terror,  or  their  desire  to  ingratiate 
themselves  with  the  victor,  that  not 
content  with  coming  in  from  every 
quarter  to  offer  their  services,  in  sup 
port  of  the  royal  government,  they 
dragged  in  their  train  as  prisoners, 
those  friends  of  liberty,  whom  they 
had  lately  obeyed  with  such  parade  of 
zeal,  and  whom  they  now  denominated 
their  oppressors. 

Meanwhile,  Colonel  Buford  contin 
ued  his  retreat  with  celerity,  and  it  ap 
peared  next  to  impossible  that  he  should 
be  overtaken.  Tarleton,  nevertheless, 
offered  to  attempt  the  enterprise,  prom 
ising  to  reach  him.  Cornwallis  put 
under  his  command  for  this  object,  a 
strong  corps  of  cavalry,  with  about  a 
hundred  light  infantry  mounted  on 
horseback.  His  march  was  so  rapid, 
that  on  the  28th  of  May,  he  arrived  at 
Camden,  where  he  learned  that  Buford 
had  departed  the  preceding  day,  and 
thrit  he  was  pushing  on  with  extreme 
speed,  in  order  to  join  another  body  of 
troops  on  the  march  from  North  Caro 
lina.  Tarleton  saw  the  importance  of 
preventing  the  junction  of  these  two 
corps ;  accordingly,  notwithstanding  the 
fktigue  of  men  and  horses,  many  of  these 
having  already  dropped  dead  with  ex 
haustion,  notwithstanding  the  heat  of 
the  season,  he  redoubled  his  pace,  and 
at  length,  after  a  march  of  one  hundred 
and  five  miles  in  fifty-four  hours,  at  a 


place  called  Waxhaws,  came  up  with 
the  object  of  his  pursuit.  He  summoned 
the  Americans  to  throw  down  their 
arms :  the  latter  answered  with  spirit, 
that  they  were  prepared  to  defend 
themselves.  Colonel  Buford  drew  up 
his  troops  in  order  of  battle ;  they  con 
sisted  of  four  hundred  Virginia  regu 
lars,  with  a  detachment  of  horse.  He 
formed  but  one  line,  and  ordered  his 
artillery  and  baggage  to  continue  their 
march  in  his  rear,  without  halting :  his 
soldiers  were  directed  to  reserve  their 
fire  till  the  British  cavalry  had  ap 
proached  within  twenty  yards.  Tarle 
ton  lost  no  time  in  preparation,  but 
charged  immediately.  The  Americans 
gave  way,  after  a  faint  resistance ;  the 
British  pursued  them  with  vigor,  and 
the  carnage  was  dreadful.  Their  vic 
tory  was  complete ;  all  that  were  not 
killed  on  the  spot,  were  wounded  and 
taken.  Such  was  the  rage  of  the  vic 
tors,  that  they  massacred  many  of  those 
who  offered  to  surrender.  The  Ameri 
cans  remembered  it  with  horror,  and 
Tarleton^s  quarter  became  a  significant 
term  of  the  savage  kind  of  warfare  car 
ried  on  at  the  time.  Every  thing  fell  into 
the  hands  of  the  British,  and  Tarleton 
rejoined  Cornwallis,  at  Camden.  He 
was  greatly  praised  by  his  lordship  for 
what  he  had  done. 

For  the  purpose  of  securing  the  en 
tire  submission  of  that  part  of  the  coun 
try,  bodies  of  troops  were  stationed  at 
different  points,  and  measures  were 
taken  for  settling  the  civil  administra 
tion  of  the  state.  Clinton  was  so  fully 
convinced  of  the  subjugation  of  the 
country,  and  of  the  submission  of  the 
inhabitants,  or  of  their  inability  to  resist, 


CH.  VII.] 


CORNWALLIS'S  PLANS. 


that,  011  the  3d  of  June,  he  issued  a 
proclamation,  in  which,  after  stating 
that  all  pei-sons  must  take  an  active  part 
in  settling  and  securing  his  majesty's 
government,  and  in  delivering  the  coun 
try  from  that  anarchy  which  for  some 
time  had  prevailed,  he  undertook  to 
discharge  from  their  parole,  the  militia 
who  were  prisoners,  except  those  only 
who  had  been  taken  in  Charleston  and 
Fort  Moultrie,  and  restore  them  to  all 
the  rights  and  duties  of  citizens ;  having 
done  this;  he  went  on  to  declare,  that 
such  as  should  neglect  to  return  to  their 
allegiance,  should  be  treated  as  enemies 
and  rebels. 

This  proclamation  was  unjust  and  im 
politic;  proceeding  on  the  supposition 
that  the  people  of  those  provinces  were 
subdued  rebels,  restored  by  an  act  of 
clemency  to  the  privileges  and  duties 
of  citizens,  it  ignored  the  fact  that 
for  several  years  they  had  been  ex 
ercising  an  independent  authority,  and 
that  the  issue  of  the  war  only  could 
stamp  on  them  the  character  of  patriots 
or  rebels.  It  might  easily  have  been 
foreseen,  that  the  proclamation  would 
awaken  the  resentment,  and  alienate 
the  affections  of  those  to  whom  it  was 
addressed.  Many  of  the  colonists  had 
submitted,  in  the  fond  hope  of  being 
released,  under  the  shelter  of  the  British 
government,  from  that  harassing  service 
to  which  they  had  lately  been  exposed, 
and  of  beinff  allowed  to  attend 

1780. 

to  their  own  affairs  in  a  state  of 
peaceful  tranquillity ;  but  the  proclama 
tion  dissipated  this  delusion,  and  opened 
their  eyes  to  their  real  situation.  Neu 
trality  and  peace  were  what  they  de 
sired;  but  neutrality  and  peace  were 


denied  them.  If  they  did  not  range 
themselves  under  the  standards  of  their 
country,  they  must,  as  British  subjects, 
appear  as  militia  in  the  royal  service. 
The  colonists  sighed  for  peace ;  but,  on 
finding  that  they  must  fight  on  one  side 
or  the  other,  they  preferred  that  of 
liberty,  and  thought,  not  unnaturally, 
they  had  as  good  a  right  to  violate  the 
allegiance  and  parole  which  Clinton 
had  imposed  on  them,  as  he  had  to 
change  their  state  from  that  of  prisoners, 
to  that  of  British  subjects,  without 
their  consent. 

Clinton,  having,  as  he  supposed, 
established  the  tranquillity  of  the  south, 
left  Lord  Cornwallis,  with  about  four 
thousand  men,  in  South  Carolina  and 
Georgia,  and,  on  the  4th  of  June,  em 
barked  for  New  York.  Clinton  had 
purposed  carrying  his  arms  into  the 
neighboring  states,  but  news  from  the 

O  O  ' 

north,  of  probable  French  succors  to 
the  Americans,  made  him  uneasy,  and 
he  judged  it  best  to  return  to  New 
York,  with  the  larger  part  of  his  army. 
After  the  reduction  of  Charleston, 
and  the  entire  defeat  of  all  the  Ameri 
can  detachments  in  those  parts,  an  un 
usual  calm  ensued  for  six  weeks.  Zeal 
ous  in  the  cause  of  his  sovereign,  and 
imagining  that  South  Carolina  and 
Georgia  were  reannexed  to  the  British 

O 

empire,  in  sentiment,  as  well  as  in  ap 
pearance,  Lord  Cornwallis  meditated  an 
attack  on  North  Carolina.  Impatient, 
however,  as  that  active  officer  was  of 
repose,  he  could  not  carry  his  purpose 
into  immediate  execution.  The  great 
heat,  the  want  of  magazines,  and  the 
impossibility  of  subsisting  his  army  in 
the  field,  before  harvest,  compelled  him 


THE  CAMPAIGN   OF   1780. 


[BK.  III. 


to  pause.  But  the  interval  was  not 
lost.  He  distributed  his  troops  in  such 
a  manner  in  South  Carolina  and  the 
upper  parts  of  Georgia,  as  seemed  most 
favorable  to  the  enlistment  of  young 
men,  who  could  be  prevailed  on  to  join 
the  royal  standard;  he  ordered  com 
panies  of  royal  militia  to  be  formed; 
and  he  maintained  a  correspondence 
with  such  of  the  inhabitants  of  North 
Carolina  as  were  friendly  to  the  British 
cause.  He  informed  them  of  the  ne 
cessity  he  was  under  of  postponing  the 
expedition  into  their  country,  and  ad 
vised  them  to  attend  to  their  harvest, 
and  to  remain  quiet,  till  the  royal  army 
advanced  to  support  them.  Eager, 
however,  to  manifest  their  zeal,  and 
entertaining  sanguine  hopes  of  success, 
they  disregarded  his  salutary  advice, 
and  broke  out  into  premature  insurrec 
tions,  which  were  vigorously  resisted, 
and  generally  suppressed.  One  party 
of  them,  however,  amounting  to  eight 
hundred  men,  under  Colonel  Bryan,  suc 
ceeded  in  marching  down  the  Yadkin, 
to  a  British  post  at  the  Cheraws,  and 
afterwards  reached  Cainden. 

While  Cornwallis  was  following  out 
the  plans  of  his  superiors,  vainly  sup 
posing  that  insults  and  outrage,  and  the 
despotism  of  military  rule,  would  break 
down  the  spirit  of  the  Americans, 
they  themselves  were  not  idle.  Gover 
nor.  Rutledge  was  actively  at 

1780. 

work.  North  Carolina  ordered 
a  large  body  of  militia  to  take  the  field. 
Congress  directed  a  detachment  from  the 
main  army  to  march  to  the  south.  And 
many  of  the  people,  regretting  now  that 
they  had  looked  on  with  apathy,  while 
Charleston  was  besieged,  determined  to 


rouse  themselves  to  resist  and  expel  the 
invaders. 

The  haughtiness  of.  the  British  offi 
cers  increased,  and  the  insolent  tyranny 
of  these  and  the  tories,  stirred  up  a 
lonoinof  desire  for  revenue.  Sad,  in- 

O        O  O 

deed,  is  the  picture  which  an  able  writer 
has  drawn,  of  the  internal  condition  of 
affairs  at  this  date,  in  the  southern 
states.  "  With  dispositions  as  fell  and 
vindictive  as  all  the  sanguinary  passions 
could  render  them,  neighbor  was  re 
ciprocally  arrayed  against  neighbor, 
brother  against  brother,  and  even  father 
against  son.  Neither  in  the  darkness 
of  the  nisrht,  the  enclosures  of  dwelling- 

O          '  O 

houses,  the  depths  of  forests,  nor  the 
entanglements  of  the  swamps  and  mo 
rasses  of  the  country,  was  security  to 
be  found.  Places  of  secrecy  and  re 
treat,  being  known  alike  to  both  par 
ties,  afforded  no  asylum ;  but  were 
oftentimes  marked  with  the  most  shock 
ing  barbarities.  The  murderer  in  his 
ambush,  and  the  warriors  in  their  am 
buscade,  being  thus  in  the  daily  perpe 
tration  of  deeds  of  violence  and  blood, 
travelling  became  almost  as  dangerous 
as  battle.  Strangers,  of  whom  nothing 
was  known,  and  who  appeared  to  be 
quietly  pursuing  their  journey,  were 
oftentimes  shot  down,  or  otherwise  as 
sassinated,  in  the  public  road.  Whole 
districts  of  country  resembled  our  fron 
tier  settlements  during  the  prevalence 
of  an  Indian  war.  Even  when  engaged 
in  their  common  concerns,  the  inhab 
itants  wore  arms,  prepared  alike  for 
attack  or  defence.  But  this  was  not 
all.  The  period  was  marked  with 
another  source  of  slaughter,  which 
added  not  a  little  to  its  fatal  character. 


Cn.  VII.] 


SUMPTER  AND  MARION. 


77 


Participating  in  the  murderous  spirit 
of  the  times,  slaves,  that  were  in  many 
places  numerous  and  powerful,  rose 
against  their  masters,  armed  with  what 
ever  weapon  of  destruction  accident  or 
secret  preparation  might  supply.  In 
these  scenes  of  horror,  the  knife,  the 
hatchet,  and  the  poisoned  cup  were  in 
discriminately  employed.  Some  whole 
families  were  strangled  by  their  slaves, 
while,  by  the  same  hands,  others  were 
consumed  amid  the  blaze  of  their  dwell 
ings  in  the  dead  of  night.  These  dis 
positions  in  the  population  generally, 
inflamed  by  the  ardor,  and  urged  by 
force,  of  southern  passions,  were  sub 
limed  to  a  pitch,  to  which  the  more 
temperate  people  of  the  north  were 
strangers."* 

Under  such  a  state  of  things,  the 
contest  was  carried  on  at  the  south ; 
and  numerous  instances  occurred  of  the 
savage  and  unpitying  spirit  by  which 
both  sides  were  often  actuated.  We 
cannot  here  enter  into  details ;  but 
must  refer  to  the  local  histories  for  the 
particulars. 

Colonel  Sumpter,  the  distinguished 
partisan,  was  the  first  to  take  the  field 
with  any  success.  On  the  12th  of  July, 
he  routed  a  detachment  of  the  royal 
forces  at  Williamson's  Plantation. 
Sumpter  soon  collected  together  a 
party  of  some  six  hundred  men ;  and 
although  they  were  compelled 
to  trust  to  chance  for  their 
means  of  subsistence,  and  to  use  their 
implements  of  husbandry  for  weapons 
of  war,  yet  they  menaced  the  enemy 


*Cald\vell's    "Life   and   Campaigns    of    General 
Greene,"  pp.  102,  3. 

VOL.  II.— 10 


in  all  directions.  The  resources  of  these 
patriots  were  few.  In  some  instances 
they  were  known  to  encounter  the 
enemy  with  but  three  charges  of  am 
munition  to  a  man.  Their  frequent 
skirmishes  with  the  British,  however, 
soon  furnished  them  with  muskets  and 
cartridges;  and  when  thus  equipped, 
Colonel  Sumpter  determined  upon  at 
tacking  some  of  the  strong  posts  of  the 
enemy.  His  first  attempt  was  upon 
Rocky  Mount,  where  he  was  obliged  to 
retreat ;  he  then  attacked  the  post  at 
Hanging  Rock,  and  destroyed  a  British 
regiment  stationed  at  that  place. 

Francis  Marion  also,  a  name  worthy 
of  perpetual  esteem,  was  equally  active 
and  successful.  His  exploits,  while 
seeming  to  wear  the  air  of  romance, 
were  of  the  greatest  possible  value  to 
the  depressed  cause  of  liberty.*  The 
"  Swamp  Fox,"  as  Marion  was  termed, 
and  the  "  Gamecock,"  as  Sumpter  was 
called,  being  perfectly  acquainted  with 
every  part  of  the  country,  were  en 
abled  to  elude  all  pursuit.  This  parti 
san  warfare,  while  it  weakened  the 
number  of  the  English,  emboldened 
the  Americans,  and  strengthened  their 
confidence  in  themselves. 

In  the  meantime,  a  few  regular  troops 
under  the  command  of  the  Baron  De 
Kail"),  had  been  sent  from  Maryland  to 
the  defence  of  Carolina.  Owing  to  the 
excessive  heat  of  the  season,  and  the 


*  It  is  of  Marion  that  the  interesting  story  is  told, 
of  his  being  visited  by  a  young  English  officer  on 
official  business,  and  his  impressing  upon  the  mind  of 
the  Englishman  by  what  he  saw,  that  men  who  could 
eat  sweet  potatoes  and  drink  water,  for  the  cause  of 
liberty,  were  not  to  be  conquered.  Sec  the  story  as 
told  by  Mr.  Simms,  in  his  "  Life  of  General  Marion," 
pp.  176—80. 


78 


THE  CAMPAIGN   OF   1780. 


.  III. 


difficulty  of  procuring  provisions,  they 
necessarily  proceeded  by  slow  marches. 
On  their  way,  however,  they  were  re 
inforced  by  the  Virginia  militia,  and 
the  troops  of  North  Carolina,  com 
manded  by  General  Caswell.  The  peo 
ple  generally  began  to  recover  from 
the  depressing  effect  of  the  fall  of 
Charleston,  and  the  severe  measures  of 
the  British ;  and  it  was  not  long  be 
fore  Cornwallis  discovered,  that  past 
victories  and  successes  were  unavailing, 
and  that  the  work  of  subduing  the 
country  yet  remained  to  be  accom 
plished.  He  was  obliged  to  call  in  his 
outposts,  and  to  form  his  troops  into 
larger  bodies. 

Washington  was  desirous  that  Gen 
eral  Greene,  an  officer  of  superior  tal 
ents,  should  be  sent  to  take  command 
at  the  south  ;  but  the  brilliant  reputa 
tion  acquired  by  General  Gates,  in  the 
northern  campaign  of  17  77,  led  to  his 
being  appointed  by  Congress,  June  13th, 
to  the  command  of  the  southern  forces. 
It  was  confidently  expected  that  he 
would  reap  new  laurels  in  conducting 
operations  in  Carolina ;  with  what  un- 
looked  for  result  the  reader  will  pres 
ently  see. 

Gates,  on  the  25th  of  July,  joined 
the  army  at  Deep  River.  De  Kalb, 
following  the  suggestion  of  those  well 
acquainted  with  the  country,  had  re 
solved  to  turn  out  of  the  direct  road  to 
Camden,  in  order  that  he  might  lead 
his  troops  through  a  more  plentiful 
country,  and  for  the  purpose  of  estab 
lishing  magazines  and  hospitals  at  con 
venient  points.  Gates,  however,  deter 
mined  to  pursue  the  straight  route  to 
wards  the  British  encampment,  although 


17SO. 


it  lay  through  a  barren  country,  which 
afforded  but  a  scanty  subsistence  to  its 
inhabitants.  On  the  27th  of  July,  he 
put  his  army  in  motion,  and  soon  ex 
perienced  the  difficulties  and  privations 
which  De  Kalb  had  been  desirous  to 
avoid.  The  army  was  obliged  to  sub 
sist  chiefly  on  lean  cattle,  accidentally 
found  in  the  woods;  and  the 
supply  even  of  that  mean  food 
was  very  limited.  Meal  and  corn  were 
so  scarce  that  the  men  were  compelled 
to  use  unripe  corn  and  peaches  instead 
of  bread.  That  insufficient  diet,  to 
gether  with  the  intense  heat  and  un 
healthy  climate,  engendered  disease, 
and  threatened  the  destruction  of  the 
army.  General  Gates  at  length  emerged 
from  the  inhospitable  region  of  pine 
barrens,  sand  hills,  and  swamps,  and 
arrived  at  Clermont,  or  Rugely's  Mills, 
on  the  13th  of  August.  His  whole 
force  now  amounted  to  something  less 
than  four  thousand  men. 

On  reaching  the  frontiers  of  the 
state,  Gates  issued  a  proclamation  in 
viting  the  patriotic  citizens  "  to  join 
heartily  in  rescuing  themselves  and 
their  country  from  the  oppression  of  a 
government  imposed  upon  them  by  the 
ruffian  hand  of  conquest."  He  gave  as 
surances  of  pardon  to  all  from  whom 
oaths  had  been  extorted  by  the  British, 
excepting  only  those  who  had  commit 
ted  depredations  against  the  persons 
and  property  of  their  fellow  citizens. 
His  proclamation  had  the  desired  effect. 
Numbers  flocked  to  him,  and  even 
whole  companies,  which  had  taken  ser 
vice  under  the  royal  standard,  deserted 
to  Gates. 

Lord  Rawdon,  who  had  command  of 


CH.  VII. 


THE  AMERICANS   DEFEATED  AT  CAMDEN. 


79 


the  British  forces  on  the  frontiers  of 
Carolina,  had  concentrated  them  at 
Caniden.  Immediately  on  learning  the 
approach  of  the  Americans,  he  gave 
notice  to  Cornwallis,  who  soon  after 
joined  him.  As  the  whole  country 
seemed  to  be  rising,  and  as  Canideu 
was  not  a  place  which  his  lordship 
could  continue  to  hold,  in  such  a  con 
dition  of  things,  he  felt  it  necessary  to 
retreat,  or  strike  a  decisive  blow  at  once. 
A  retreat  to  Charleston  would  be  the 
signal  for.  the  whole  of  South  Carolina 
and  Georgia  to  rise  in  arms :  his  sick 
and  magazines  must  be  left  behind; 
and  the  whole  of  the  two  provinces, 
except  Charleston  and  Savannah,  aban 
doned.  The  consequences  of  such  a 
movement  would  be  nearly  as  fatal  as 
a  defeat.  Cornwallis,  therefore,  al 
though  he  believed  the  American  army 
considerably  stronger  than  what  it 
really  was,  determined  to  hazard  a 
battle ;  and,  at  ten  at  night,  on  the 
15th  of  August,  the  very  hour  when 
General  Gates  proceeded  from  Rugely's 
Mills,  about  thirteen  miles  distant,  he 
marched  towards  the  American  camp. 
About  two  in  the  morning  of  the 
16th  of  August,  the  advanced  guards 
of  the  hostile  armies  unexpectedly  met 
in  the  woods,  and  the  firing  instantly  be 
gan.  Some  of  the  cavalry  of  the  Ameri 
can  advanced  guard  being  wounded  by 
the  first  discharge,  che  party  fell  back 
in  confusion,  broke  the  Maryland  regi 
ment  which  was  at  the  head  of  the 
column,  and  threw  the  whole  line  of  the 
army  into  consternation.  From  that 
first  impression,  deepened  by  the  gloom 
of  night,  the  raw  and  ill-disciplined 
militia  seem  not  to  have  recovered. 


In  the  rencounter  several  prisoners 
were  taken  on  each  side ;  and  from 
them  the  opposing  generals  acquired  a 
more  exact  knowledge  of  circumstances 
than  they  formerly  possessed. 

Cornwallis  perceiving  that  the  ad 
vantage  of  position  was  on  his  side,  im 
patiently  waited  for  the  morning  light, 
which  would  give  his  disciplined  troops 
opportunity  to  act.  Both  armies  pre 
pared  for  the  conflict.  Cornwallis  form 
ed  his  men  in  two  divisions,  Colonel 
Webster  commanding  on  the  right,  and 
Lord  Rawdon  on  the  left.  The  second 
Maryland  brigade,  under  General  Gist, 
formed  the  right  of  the  American  line  ; 
the  North  Carolina  militia  occupied  the 
centre ;  and  the  Virginia  militia,  with 
the  light  infantry,  composed  the  left 
De  Kalb  commanded  on  the  left,  and 
Gates  determined  to  appear  wherevei 
he  could  be  most  useful. 

At  dawn  of  day,  Cornwallis  ordered 
Colonel  Webster,  with  the  British  right 
wing,  to  attack  the  American  left.  As 
Colonel  Webster  advanced,  he  was  as 
sailed  by  a  desultory  discharge  of  mus 
ketry  from  some  volunteer  militia,  who 
had  advanced  in  front  of  their  country 
men  ;  but  the  British  soldiers,  rushing 
through  that  loose  fire,  charged 
the  American  line  with  a  shout. 
The  militia  instantly  threw  down  their 
arms  and  fled,  many  of  them  without 
even  discharging  their  muskets;  and 
all  the  efforts  of  the  officers  were  un 
able  to  rally  them.  A  great  part  of 
the  centre  division,  composed  of  the 
militia  of  North  Carolina,  imitated  the 
example  of  their  comrades  of  Virginia  : 
few  of  either  division  fired  a  shot,  and 
still  fewer  carried  their  arms  off  the 


80 


THE  CAMPAIGN   OF   1780. 


[Bic.  III. 


field.  Tarleton,  with  his  legion,  pur 
sued,  and  eagerly  cut  down  the  unre 
sisting  fugitives.  Gates,  with  some  of 

o         o 

the  militia  general  officers,  made  several 
attempts  to  rally  them,  but  in  vain. 
The  farther  they  fled,  the  more  they 
dispersed,  and  Gates,  in  despair,  has 
tened,  with  a  few  friends,  to  Char 
lotte,  eighty  miles  from  the  field  of 
battle. 

Baron  de  Kalb,  at  the  head  of  the 
continental  troops,  being  abandoned  by 
the  militia,  which  had  constituted  the 
centre  and  left  wing  of  the  army,  and 
being  forsaken  by  the  general  also,  was 
exposed  to  the  attack  of  the  whole 
British  army.  De  Kalb  and  his  troops, 
however,  instead  of  imitating  the  ex 
ample  of  their  brethren  in  arms,  be 
haved  with  a  steady  intrepidity,  and 
defended  themselves  like  men.  Lord 
Rawdon  attacked  them  about  the  time 
when  Colonel  Webster  broke  the  left 
wing;  but  the  charge  was  firmly  re 
ceived  and  manfully  resisted,  and  the 
conflict  was  maintained  for  some  time 
with  equal  obstinacy  on  both  sides. 
The  American  reserve  covered  the  left 
of  De  Kalb's  division ;  but  its  own  left 
flank  was  entirely  exposed  by  the  flight 
of  the  militia;  and  therefore  Colonel 
Webster,  after  detaching  some  cavalry 
and  light  troops  in  pursuit  of  the  fugi 
tive  militia,  with  the  remainder  of  his 
division,  attacked  them  at  once,  in  front 
and  flank.  A  severe  contest  ensued. 
The  Americans,  in  a  great  measure  in 
termingled  with  the  British,  maintained 

o  ' 

a  despe rate  conflict.  Corn wallis  brought 
his  whole  force  to  bear  upon  them ; 
they  were  at  length  broken,  and  began 
to  retreat  in.  confusion.  The  brave  De 


Kalb,  while  making  a  vigorous  charge 
at  the  head  of  a  body  of  his  men,  fell, 
pierced  with  eleven  wounds.  His  aid- 
de-camp,  Lieutenant-colonel  du  Buis- 
son,  embraced  the  fallen  general,  an 
nounced  his  rank,  and  nation,  to  the 
surrounding  enemy,  and  while  thus 
generously  exposing  his  own  life,  to 
save  his  bleeding  friend,  he  received 

O  ' 

several  wounds,  and  was  taken  prisoner 
with  him.  De  Kalb  met  with  all  pos 
sible  attention  and  assistance  from  the 
victorious  enemy,  but  that  gallant  offi 
cer  expired  in  a  few  hours.  Congress 
afterward  ordered  a  monument  to  be 
erected  to  his  memory.* 

This  decisive  victory  cost  the  British 
less  than  a  hundred  killed,  and  about 
two  hundred  and  fifty  wounded.  Some 
eight  or  nine  hundred  of  the  Ameri- 

O 

cans  were  killed  or  wounded,  and  about 
a  thousand  were  taken  prisoners.  The 
baggage,  and  artillery,  fell  into  the 
hands  of  the  conquerors.  The  army 
of  the  south  was  utterly  broken  up,  ex 
cept  the  detachment  under  Sumpter, 
who  had  intercepted  a  convoy  on  the 
Wateree,  and  made  two  hundred  pris 
oners  ;  but,  on  hearing  of  the  disastrous 
battle  of  Caniden,  retreated  with  the 
utmost  speed!  Supposing  himself  out 
of  danger,  Sumpter  halted  to  recruit 
his  troops,  worn  down  with  fatigue  and 
loss  of  sleep,  when  Tarleton  burst  into 
the  camp,  having  carried  on  the  pursuit 
with  such  fearful  rapidity,  that  half  his 
men  broke  down  upon  the  road.  The 
stores  and  prisoners  were  recovered ; 
some  three  or  four  hundred  of  the 


*  See  Lossing's  "Pictorial  Ficld-Book  of  the 
olution"  vol.  ii.,  pp.  067-8. 


M 


CH.  VII.] 


CORXWALLIS'S   INJUSTICE. 


81 


Americans  were  slaughtered  or  cap 
tured  ;  a  few,  among  whom  was  Sump- 
ter  himself,  were  fortunate  enough  to 
escape  into  the  woods. 

Gates,  in  deep  distress,  with  the  scat 
tered  remnants  of  his  army,  retreated 
to  Salisbury,  and  thence  to  Hills- 
borough,  making  every  effort  in  his 
power,  to  recover  from  the  terrible 
blow  which  he  had  just  received.  Hav 
ing  collected  a  small  force,  he  advanced 
again,  in  November,  to  Salisbury,  and 
soon  after,  to  Charlotte.  In  his  misfor 
tunes,  Congress  forgot,  or  ignored,  the 
high  estimate  which  they  had  previ 
ously  set  upon  the  victor  at  Saratoga ; 
on  the  5th  of  October,  an  inquiry  was 
ordered  into  his  conduct,  which  was 
not,  however,  pressed;  and  Washing 
ton  was  requested  to  name  his  succes 
sor.  He  named  General  Greene,  who 
was  approved  by  Congress,  on  the  30th 
of  October,  and  reached  head-quarters, 
as  Gates's  successor,  on  the  2d  of  De 
cember.  This  latter  officer,  we  may 
mention,  left  his  post,  never  again  to 
resume  active  duty  in  the  army.  Suf 
fering  acutely  from  the  disgrace  of  his 
defeat,  but  still  more  from  the  loss 
of  his  only  son,  about  nineteen  years 
of  age,  Gates  set  out  for  the  north. 
Washington,  with  true  and  generous 
kindness,  wrote  him  a  letter  of  sym 
pathy  on  the  death  of  his  son,  and  his 
military  reverses;  and  the  Virginia  leg 
islature  assured  him,  in  a  resolve  of  that 
body,  "  that  the  remembrance  of  his 
former  glorious  service  could  not  be 
obliterated  by  any  reverse  of  fortune." 

After  the  battle  of  Camden,  Corn- 
wallis  was  unable  to  follow  up  the  vic 
tory  with  his  usual  activity.  His  little 


army  was  diminished  by  the  sword  and 
by  disease.  He  had  not  brought  with 
him  from  Charleston  the  stores  neces 
sary  for  an  immediate  pursuit  of  the 
fleeing  enemy  ;  and  he  did  not  deem  it 
expedient  to  leave  South  Carolina,  till 
he  had  suppressed  that  spirit  of  resist 
ance  to  his  authority  which  had  exten 
sively  manifested  itself  in  the  province. 
In  order  to  consummate,  as  he  thought, 
the  subjugation  of  the  state,  he  resorted 
to  measures  of  great  severity.  He  con 
sidered  the  province  as  a  conquered 
country,  reduced  to  unconditional  sub 
mission,  and  to  allegiance  to  its  ancient 
sovereign,  and  the  people  liable  to  the 
duties  of  British  subjects,  and  to  corre 
sponding  penalties,  in  case  of  a  breach 
of  those  duties.  He  forgot,  or  seemed 
to  forget,  that  many  of -them  had  been 
received  as  prisoners  of  war  on  parole  ;- 
that,  without  their  consent,  their  parole 
had  been  discharged ;  and  that,  merely 
by  a  proclamation,  they  had  been  de 
clared  British  subjects,  instead  of  pris 
oners  of  war. 

Supposing  that  the  whole  country 
was  prostrate  at  his  feet,  he  addressed 
the  following  letter  to  the  commandant 
of  the  British  garrison  at  Ninety  Six : — 
"I  have  given  orders,  that  all  the  in 
habitants  of  this  province,  who  had 
submitted,  and  who  have  taken  part  in 
this  revolt,  should  be  punished  with 
the  utmost  rigor ;  that  they  should 
be  imprisoned,  and  their  whole  prop 
erty  taken  from  them  or  destroyed. 
I  have  likewise  directed  that  com 
pensation  should  be  made  out 
of  these  estates,  to  the  per 
sons  who  have  been  injured  or  op 
pressed  by  them.  I  have  ordered, 


1780. 


82 


THE   CAMPAIGN   OF   1780. 


[BK.  III. 


in  the  most  positive  manner,  that 
every  militia-man,  who  has  borne  arms 
with  us,  and  afterwards  joined  the 
enemy,  shall  be  immediately  hanged. 
I  desire  you  will  take  the  most  vigor 
ous  measures  to  punish  the  rebels  in 
the  district  you  command,  and  that 
you  obey,  in  the  strictest  manner,  the 
directions  I  have  given  in  this  letter 
relative  to  the  inhabitants  of  the  coun 
try."  Similar  orders  were  dispatched 
to  the  commanders  of  other  posts. 

In  any  circumstances,  such  orders 
given  to  officers,  often  possessing  little 
knowledge,  and  as  little  prudence  or 
humanity,  could  not  fail  to  produce 
calamitous  effects.  In  the  case  under 
consideration,  where  all  the  worst  pas 
sions  of  the  heart  were  irritated  and 
inflamed,  the  consequences  were  lament 
able.  The  orders  were  executed  in  the 
spirit  in  which  they  were  given.  Num 
bers  of  persons  were  put  to  death : 
many  were  imprisoned,  and  their  prop 
erty  was  destroyed  or  confiscated.  The 
country  was  covered  with  blood  and 
desolation,  and  the  people  longed  for 
revenge.  Women  and  children  were 
turned  to  the  door,  and  their  houses 
and  substance  consumed. 

Apart  from  the  injustice  of  such  pro 
ceedings,  nothing  could  have  been  more 
impolitic,  for  it  roused  the  people,  and 
nerved  them  to  exertions,  which  other 
wise,  they  never  would  have  made. 
Cornwallis's  conduct  towards  the  prin 
cipal  citizens  of  Charleston,  was  dis 
graceful  in  the  extreme  ;  for,  without 
any  excuse,  but  motives  of  policy,  they 
were  seized  in  their  beds,  put  on  board 
a  guard  ship,  and  their  remonstrances 
treated  with  insolence  ;  and  soon  after 


they  were  transported   to  St.  Augus 
tine. 

On  the  8th  of  September,  Cornwall  is 
left  Cainden,  and  towards  the  end  of 
the  month,  arrived  at  Charlotte,  in 
North  Carolina;  of  which  place,  he 
took  possession,  after  a  slight  resistance 
from  some  volunteer  cavalry,  under  Col 
onel  Davie.  Though  symptoms  of  op 
position  manifested  themselves  at  Char 
lotte,  yet  he  advanced  towards  Salis 
bury,  and  ordered  his  militia  to  cross 
the  Yadkiu.  But  Cornwallis  was  sud 
denly  arrested  in  his  victorious  career, 
by  an  unexpected  disaster.  He  made 
every  exertion  to  embody  the  well- 
affected  inhabitants  of  the  country,  and 
to  form  them  into  a  British  militia.  For 
that  purpose,  he  employed  Major  Fer 
guson,  of  the  seventy-first  regiment,  an 
officer  of  much  merit,  with  a  small  de 
tachment,  in  the  district  of  Ninety-Six, 
to  train  the  loyalists,  and  to  attach 
them  to  his  own  party.  From  the 
operations  of  that  officer,  he  expected 
the  most  important  services. 

Ferguson  executed  his  commission 
with  activity  and  zeal ;  collected  a  large 
number  of  loyalists;  and  committed 
great  depredations  on  the  friends  of 
independence  in  the  back  settlements. 
In  the  hope  of  intercepting  Colonel 
Clarke,  who  was  retreating  from  an  at 
tack  on  Augusta,  in  Georgia,  Ferguson 
was  tempted  to  stay  in  the  vicinity 
of  the  western  mountains  longer  than 

o 

was  necessary.  In  the  end,  this  delay 
was  his  ruin.  The  hardy  mountaineers 
of  the  western  parts  of  Virginia  and 
North  Carolina,  determined  that  Fer 
guson  should  be  cut  off.  They  assem 
bled  under  various  leaders,  voluntarily, 


CH.  VII.] 


THE  BATTLE   OF  KING'S  MOUNTAIN. 


83 


and  without  any  concert.  Other  parties 
hastened  to  join  them.  They  were  all 
mounted,  and  unencumbered  with  bag 
gage.  Each  man  had  his  blanket,  knap 
sack,  and  rifle ;  and  set  out  in  quest  of 
the  enemy,  equipped  in  the  same  man 
ner  as  when  they  hunted  the 

•  vyfitft  *^ 

wild  beasts  of  the  forest.  At 
night,  the  earth  afforded  them  a  bed,  and 
the  heavens  a  covering;  the  flowing 
stream  quenched  their  thirst ;  their  guns, 
their  knapsacks,  or  a  few  cattle  driven 
in  their  rear,  supplied  them  with  food. 
Their  numbers  made  them  formidable, 
and  the  rapidity  of  their  movements 
rendered  it  difficult  to  escape  them. 
They  reached  Gilbertown,  early  in  Oc 
tober,  in  number  nearly  three  thou 
sand  men. 

Ferguson  attempted  to  retreat,  but 
the  Americans  resolved  never  to  per 
mit  him  to  escape.  Selecting  a  thou 
sand  of  their  best  riflemen,  they  mount 
ed  them  on  their  fleetest  horses,  and 
sent  them  in  pursuit.  Their  rapid 
movements  rendered  his  retreat  imprac 
ticable  ;  and  Ferguson,  sensible  that  he 
would  inevitably  be  overtaken,  chose 
his  ground  on  King's  Mountain,  on  the 
confines  of  North  and  South  Carolina, 
and  waited  the  attack. 

On  the  Yth  of  October,  the  Ameri 
cans  came  up  with  him.  Colonel 
Campbell  had  the  command;  but  his 
authority  was  only  nominal,  for  there 
was  little  military  order  or  subordina 
tion  in  the  attack.  They  agreed  to 
divide  their  forces,  in  order  to  assail 
Ferguson  from  different  quarters ;  and 
the  divisions  were  led  on  by  Colonels 
Cleveland,  Shelby,  Sevier,  and  Wil 
liams.  Cleveland,  who  conducted  the 


party  which  began  the  attack,  addressed 
his  men  as  follows: — "My  brave  fel 
lows!  we  have  beaten  the-tories,  and 
we  can  beat  them.  When  engaged, 
you  are  not  to  wait  for  the  word  of 
command  from  me.  I  will  show  you 
by  my  example  how  to  fight ;  I  can  un 
dertake  no  more.  Every  man  must 
consider  himself  an  officer,  and  act  on 
his  own  judgment.  Though  repulsed, 
do  not  run  off;  return,  and  renew  the 
combat.  If  any  of  you  are  afraid,  you 
have  not  only  leave  to  withdraw,  but 
are  requested  to  do  so." 

The  attack  commenced  immediately 
and  climbing  the  rugged  ascent,  they 
posted  themselves  behind  rocks  and 
trees,  and  kept  up  a  galling  fire  upon 
the  British.  Again  and  again,  the  bay 
onet  of  the  British  drove  them  back ; 
but  the  Americans  as  often  renewed  the 
attack.  Assaulted  from  various  quar 
ters,  for  nearly  an  hour,  Ferguson  fell 
mortally  wounded,  and  the  rest  threw 
down  their  arms.  Ten  of  the  most  ob 
noxious  of  the  tories  were  hanged  on 
the  spot,  and  these  brave,  but  rude 
warriors,  having  achieved  their  victory, 
and  accomplished  their  object,  returned 
home. 

The  ruin  of  Ferguson's  detachment, 
from  which  so  much  had  been  expected, 
was  a  very  severe  blow  to  Cornwallis : 
it  disconcerted  his  plans,  and  prevented 
his  progress  northward.  On  the  14th 
of  October,  as  soon  after  obtain 
ing  certain  information  of  the 
death  of  Ferguson,  as  the  army  could 
be  put  in  motion,  he  left  Charlotte, 
where  Ferguson  was  to  have  met  him, 
and  began  his  retreat  towards  South 
Carolina.  In  that  retrograde  move- 


17§0. 


84 


THE  CAMPAIGN   OF   1780. 


[Ex.  Ill 


Hient  tlie  army  suffered  severely:  for 
several  days  it  rained  incessantly ;  the 
roads  were  almost  impassable ;  the 
soldiers  had  no  tents,  and  at  night  en 
camped  in  the  woods  in  an  unhealthy 
climate.  The  loyalists  who  had  joined 
the  royal  standard,  were  very  useful ; 
but  their  services  were  ill  requited, 
and  several  of  them,  disgusted  by  the 
abusive  language,  and  even  blows? 
which  they  received  from  some  of  the 
officers,  left  the  army  forever.  At 
length  the  troops  passed  the  Catawba, 
and  reached  Wynnsborough,  on  the 
29th  of  October. 

Sumpter,  who  had  got  together  again 
a  bold  band  of  partisan  warriors,  con 
tinued  to  harass  the  British  on  all  sides. 
Varying  his  position  from  time  to  time, 
he  beat  up  the  British  quarters,  inter 
cepted  their  convoys,  and  kept  them  in 
constant  alarm.  Major  Weinyss  at 
tacked  him  at  Broad  River,  on  the 
12th  of  November,  but  was  defeated. 
On  the  20th,  Tarleton  fell  impetuously 
on  Sumpter,  at  Blackstock  Hill ;  he  also 
was  defeated  with  great  loss.  Sumpter 
was  wounded,  and  disabled  for  some 
mouths,  in  consequence. 

In  concluding  the  account  of  the 
southern  campaign  of  1*780,  we  must 
not  forget  to  make  honorable  mention 
of  the  heroic  mothers,  wives,  and 
daughters  of  the  south.  The  women 
of  Carolina  gloried  in  being  called 
"rebel  ladies."  They  refused  to  be 
present  at  festive  entertainments.  They 
specially  delighted  to  honor  their  pat 
riotic  countrymen.  They  sought  out 
and  relieved  the  suffering  soldiers, 
visited  the  prison-ships,  and  descend 
ed  into  loathsome  dungeons.  Sisters 


encouraged  their  brothers  to  fight 
for  liberty ;  the  mother  gave  weapons 
to  her  son,  and  the  wife  to  her  hus 
band  ;  and  their  parting  words  were, 
"  Prefer  prisons  to  infamy,  and  death  to 
servitude." 

In  all  parts  of  the  country  likewise, 
the  women  displayed  great  zeal  and 
activity,  particularly  in  providing  cloth 
ing  for  the  soldiers.  In  Philadelphia 
they  formed  a  society,  at  the  head  of 
which  was  Martha  Washington,  wife 
of  the  commander-in-chief.  This  lady 
was  as  prudent  in  private  affairs,  as  her 
husband  wras  in  public.  She  alone  pre 
sided  over  their  domestic  finances,  and 
provided  for  their  common  household. 
Thus  it  was  owing  to  the  talents  and 
virtues  of  his  wife,  that  Washington 
could  give  himself  Avholly  to  the  dic 
tates  of  that  patriotism,  which  this  vir 
tuous  pair  mutually  shared,  and  recipro 
cally  invigorated.  Mrs.  Washington, 
Mrs.  Reed,  Mrs.  Bache,  the  daughter 
of  Dr.  Franklin,  with  the  other  ladies 
who  had  formed  the  society,  themselves 
subscribed  considerable  sums  for  the 
public ;  and  having  exhausted  their  own 
means,  they  exerted  their  influence,  and 
went  from  house  to  house,  to  stimulate 
the  liberality  of  others. 

Having,  for  the  sake  of  preserving 
the  continuity  of  the  narrative,  carried 
forward  the  history  of  operations  at  the 
south,  to  the  end  of  1780,  we  now  turn 
our  attention  to  the  northern  states, 
where,  during  the  year,  events  of  mo 
mentous  importance  had  occurred. 

Although  Washington  was  unable  to 
undertake  any  enterprise  of  importance, 
in  consequence  of  the  want  of  supplies 
for  the  army,  yet  he  was  by  no  means 


CH.  VII.] 


KNYPHAUSEN  IN   NEW   JERSEY. 


85 


17SO. 


idle.  Supposing  that  the  British  post 
on  Staten  Island  might  be  attacked 
with  reasonable  prospect  of  success,  he 
dispatched  Lord  Stirling,  on  the  14th 
of  January,  with  twenty-five 
hundred  men,  on  this  expedi 
tion.  The  British  officer  in  command 
was  on  the  alert,  and  an  alarm  was  in 
stantly  and  generally  communicated  to 
the  posts,  and  a  boat  dispatched  to 
New  York  to  communicate  intelligence, 
and  to  solicit  aid.  The  Americans, 
after  some  slight  skirmishes,  seeing  no 
prospect  of  success,  and  apprehensive 
that  a  reinforcement  from.  New  York 
might  endanger  their  safety,  very  soon 
commenced  their  retreat.  This  was 
effected  without  any  considerable  loss ; 
but  from  the  severity  of  the  weather, 
and  the  deficiency  of  warm  clothing, 
several  of  the  soldiers  suffered  intensely 
from  the  cold  and  frost. 

The  paper  money  was  daily  depreci 
ating,  and  the  distresses  arising  from 
this  source,  reached  their  height  in 
1780.  The  officers  of  the  Jersey  line 
complained  in  strong  terms  to  the  legis 
lature  of  their  state,  of  the  deplorable 
condition  to  which  they  were  reduced, 
and  declared,  that  "unless  a  speedy 
and  ample  remedy  was  provided,  the 
total  dissolution  of  their  line  was  inevi 
table."  Similar  causes  of  discontent 
existed  among  the  soldiers.  Multiplied 
and  continual  privations  produced  their 
natural  result ;  and  it  required  all  the 
influence  of  Washington,  great  as  it 
was,  to  prevent  the  officers  from  re 
signing  in  numbers,  and  the  troops 
from  breaking  out  into  mutinous  com 
plaints  and  disorderly  conduct. 

Induced,  probably,  by  the  reports 

VOL.  II.— 11 


of  the  mutinous  disposition  of  a  part 
of  the  army,  and  thinking  it  likely 
that  the  American  soldiers  might  be 
led  to  abandon  their  standards,  and  the 
people  to  give  up  the  cause  of  liberty, 
General  Knyphausen,  early  in  June, 
passed  over  from  Staten  Island, 
to  Elizabethtown,  with  five  thou 
sand  men.  Halting  at  Connecticut 
Farms,  and  atrociously  murdering  Mrs. 
Caldwell,  the  wife  of  the  Presbyterian 
minister  of  the  place,  and  destroying 
the  village,  the  British  soon  found  it 
expedient  to  retreat.  The  militia  as 
sembled  under  General  Maxwell ;  sev 
eral  smart  skirmishes  ensued,  particu 
larly  at  Springfield,  and  the  enemy 
retired  to  Staten  Island.  The  precise 
object  of  this  expedition  was  not  very 
evident ;  but  whether  it  was  intended 
to  divert  Washington's  attention,  while 
a  more  formidable  force  should  sud 
denly  push  for  an  attack  on  the  High 
lands,  or  whether  the  object  was  to  fall 
upon  the  stores  at  Morristown,  was 
not  material.  The  commander-in-chief 
made  his  arrangements  for  either  con 
tingency,  and  watched  unceasingly  the 
movements  of  Clinton. 

The  first  months  of  the  year  were 
spent  in  these  desultory  operations. 
The  disasters  at  the  south,  produced 
no  disposition  in  the  north,  to  give  up 
the  contest ;  but  the  tardiness  of  Con 
gress,  and  of  the  states ;  the  weakness 
and  inefficiency  of  the  government; 
and  the  depreciation  of  the  money,  de 
prived  Washington  of  all  means  of  at 
tempting  any  thing  beyond  defensive 
operations. 

Lafayette,  meanwhile,  towards  the 
end  of  April,  arrived  at  Boston,  from 


THE  CAMPAIGN   OF   1780. 


[BK.  III. 


France,  bringing  the  good  news,  that 
efficient  succors  might  soon  be  expected 
on  the  coast  of  the  United  States.*  This 
served  to  rouse,  for  a  time,  the  Ameri 
cans,  from  the  lethargy  into  which  they 
had  sunk.  Requisitions  on  the  states 
for  men  and  money,  were  urged  with 
great  earnestness.  Washington  em 
ployed  his  pen  effectively,  in  stimulat 
ing  the  public  mind  to  exertions,  suita 
ble  to  meet  the  present  condition  of 
things,  and  to  act  in  concert  with  their 
allies,  on  their  arrival.  The  resolutions 
of  Congress  were  slowly  executed.  The 
quotas  of  the  states  were  apportioned 
out  to  the  counties  and  towns,  and  it 
was  hoped  that  the  number  would 
speedily  be  ready  for  the  service. 

Washington,  however,  with  that  large 
comprehensiveness  of  view,  which  fitted 
him  for  being  commauder-in-chief,  fore 
seeing  that  the  predominance  of  state  sys 
tems,  over  those  which  were  national, 
must  be  injurious,  took  occasion,  in 
writing  to  a  member  of  Congress,  to 

O  O  ' 

say,  "that,  unless  Congress  speaks  in  a 
more  decisive  tone ;  unless  they  are 
vested  with  powers  by  the  several 
states  competent  to  the  great  purposes 
of  the  war,  or  assume  them  as  matter 
of  right,  and  they  and  the  states  re 
spectively,  act  with  more  energy  than 
hitherto  they  have  done ;  our  cause  is 

•  *  The  enthusiasm  and  importunity  of  Lafayette  in 
behalf  of  his  adopted  country,  were  so  great,  that  the 
French  prime  minister,  Count  do  Maurcpas,  said,  one 
day,  rather  sarcastically,  in  council:  "It  is  fortunate 
for  the  king,  that  Lafayette  does  not  take  it  into  his 
head  to  strip  Versailles  of  its  furniture,  to  send  to  his 
dear  Americans  ;  as  his  Majesty  would  be  unable  to 
refuse  it."  Not  content  with  these  public  succors,  he 
generously  expended  large  sums  of  his  private  for 
tune,  in  providing  swords  and  appointments  for  the 
corps  placed  under  his  command. 


lost.  We  can  no  longer  drudge  on  in 
the  old  way.  By  ill-timing  the  adop 
tion  of  measures ;  by  delays  in  the  ex 
ecution  of  them,  or  by  unwarrantable 
jealousies,  we  incur  enormous  expenses, 
and  derive  no  benefit.  One  state  will 
comply  with  a  requisition  from  Con 
gress  ;  another  neglects  to  do  it ;  a 
third  executes  it  by  halves ;  and  all 
differ  in  the  manner,  the  matter,  or  so 
much  in  point  of  time,  that  we  are  al 
ways  working  up  hill ;  and  while  such 
a  system  as  the  present  one,  or  rather 
want  of  one,  prevails,  we  ever  shall  be 
unable  to  apply  our  strength  or  re 
sources  to  any  advantage.  This,  my 
dear  sir,  is  plain  language  to  a  member 
of  Congress ;  but  it  is  the  language  of 
truth  and  friendship.  It  is  the  result 
of  long  thinking,  close  application,  and 
strict  observation.  I  see  one  head  gra 
dually  changing  into  thirteen;  I  see 
one  army  branching  into  thirteen,  and, 
instead  of  looking  up  to  Congress,  as 
the  supreme  controlling  power  of  the 
United  States,  considering  themselves 
as  dependent  on  their  respective  states. 
In  a  word,  I  see  the  power  of  Congress 
declining  too  fast  for  the  consequence 
and  respect-  which  are  due  to  them,  as 
the  great  representative  body  of  Amer 
ica,  and  am  fearful  of  the  consequences." 
In  the  midst  of  these  embarrassing 
trials,  some  relief  was  obtained  from 
private  sources.  When  Congress  could 
command  neither  money  nor  credit,  the 
citizens  of  Philadelphia  formed  an  asso 
ciation,  to  procure  a  supply  of  necessary 
articles  for  their  suffering  soldiers.  The 
sum  of  $300,000  was  subscribed  in  a 
few  days,  and  the  relief  afforded  in  this 
way  was  great,  and  particularly  season- 


CH.  VII.] 


WASHINGTON'S  REMONSTRANCES. 


87 


able.  But  there  was  still  great  defi 
ciency,  especially  in  the  article  of  shirts, 
and  Washington  was  called  on  to  ex 
press  his  sorrow  at  the  fact,  and  his 
hope,  that  the  troops  and  officers  would 
not  be  compelled  to  the  mortification 
of  meeting  the  allied  French  force, 
while  in  this  destitute  condition. 

Could  it  have  been  imagined,  how 
ever,  as  Botta  well  says,  that  at  the 
very  moment,  when  a  victorious  enemy 
still  threatened  the  existence  of  the  re 
public,  our  fathers  did  not  rest  content 
with  offering  their  blood  and  their  treas 
ure  for  its  defence  ?  Amidst  the  din 
of  arms,  they  were  studious  to  promote 
the  advancement  of  philosophy,  science 
and  the  arts.  They  reflected,  that  with 
out  the  aid  of  these  lights,  war  tends 
directly  to  barbarism,  and  even  peace 
is  deprived  of  its  most  precious  sweets. 
In  devoting  their  attention  to  these 
noble  cares,  they  regarded  not  merely 
the  advantages  that  were  thence  to  re 
dound  to  their  country ;  they  had  also 
in  view  to  demonstrate,  at  home  and 
abroad,  what  was  their  contempt  for 
the  danger,  and  their  confidence  in  the 
success  of  their  cause.  Such  were  the 
considerations  which  led  to  the  incor 
poration,  by  the  legislature  of  Massa 
chusetts,  of  the  American  Academy  of 
Arts  and  Sciences.  Its  statutes  corre 
sponded  to  the  importance  of  the  insti 
tution.  Its  labors  were  principally  to 
be  directed  to  facilitate  and  encourage 

o 

a  knowledge  of  the  antiquities  and  nat 
ural  history  of  America;  to  ascertain 
the  uses  to  which  its  native  productions 
might  be  applied ;  to  promote  medi 
cal  discoveries,  mathematical  inquiries, 
physical  researches  and  experiments, 


astronomical,  meteorological  and  geo 
graphical  observations ;  improvements 
in  the  processes  of  agriculture,  arts, 
manufactures  and  commerce  ;  the  Acad 
emy  was,  in  brief,  to  cultivate  every 
art  and  science,  that  could  tend  to  ad 
vance,  according  to  its  own  language, 
"  the  interests,  the  honor,  the  dignity, 
and  the  happiness  of  a  free,  independ 
ent,  and  virtuous  people." 

The  summer  was  now  far  advanced, 
and  Washington,  still  uncertain,  as  to 
the  force  on  which  he  could  rely  for 
active  operations,  wrote  a  letter  to  Con 
gress,  expressive  of  his  embarrassments : 
"  The  season  is  come,"  said  he,  "  when 
we  have  every  reason  to  expect  the 
arrival  of  the  fleet ;  and  yet  for  want 
of  this  point  of  primary  consequence,  it 
is  impossible  for  me  to  form  a  system 
of  co-operation.  I  have  no  basis  to  act 
upon,  and  of  course,  were  this  generous 
succor  of  our  ally  now  to  arrive,  I  should 
find  myself  in  the  most  awkward,  em 
barrassing,  and  painful  situation.  The 
general  and  the  admiral,  as  soon  as 
they  approach  our  coast,  will  require 
of  me  a  plan  of  the  measures  to  be  pur 
sued,  and  there  ought  of  right  to  be  one 
prepared ;  but  circumstanced  as  I  am, 
I  cannot  even  give  them  conjectures. 
From  these  considerations,  I  yesterday 
suggested  to  the  committee*  the  indis 
pensable  necessity  of  their  writing  again 
to  the  states,  urging  them  to  give  im 
mediate  and  precise  information  of  the 
measures  they  have  taken,  and  of  the 
result.  The  interest  of  the  states,  the 


*  A  Committee  of  Congress,  General  Schuyler 
being  one  of  the  members,  spent  some  two  or  three 
months  in  camp  at  this  date,  to  take  measures  for  se 
curing  the  aid  and  relief  which  were  so  largely  needed. 


88 


THE  CAMPAIGN   OF   1780. 


[BK.  III. 


lionor  and  reputation  of  our  councils, 
the  justice  and  gratitude  due  to  our 
allies ;  all  require  that  I  should,  with 
out  delay,  be  enabled  to  ascertain  and 
inform  them,  what  we  can  or  cannot 
undertake.  There  is  a  point  which 
ought  now  to  be  determined,  on  the 
success  of  which  all  our  future  opera 
tions  may  depend ;  on  which,  for  want 
of  knowing  our  prospects,  I  can  make 
no  decision.  For  fear  of  involving 
the  fleet  and  army  of  our  allies  in  cir 
cumstances  which  would  expose  them, 
if  not  seconded  by  us,  to  material  in 
convenience  and  hazard,  I  shall  be 
compelled  to  suspend  it,  and  the  delay 
may  be  fatal  to  our  hopes." 

On  the  10th  of  July,  the  French 
fleet  entered  the  harbor  of  Newport. 
The  fleet  was  commanded  by  the  Chev 
alier  de  Ternay,  and  the  army  by  the 
Count  de  Rochambeau.  With 
wise  precaution,  the  entire  force 
was  placed  under  Washington's  direc 
tion,  and  the  French  troops  were  to  act 
as  auxiliaries,  and  to  yield  precedence 
to  the  Americans,  thus  preventing  any 
possible  jealousy  or  dissatisfaction  which 
might  otherwise  arise.  It  was  now 
Washington's  earnest  wish  to  make  an 
attack  upon  New  York,  by  the  combined 
forces,  and  a  plan  to  that  effect  was 
drawn  up,  and  conveyed  by  Lafayette, 
to  the  French  commander.  Early  in 
August,  the  -French  troops  were  to  join 
the  American  army  at  Morrisania,  and 
would  have  done  so,  had  not  the  arrival 
of  Admiral  Graves  reinforced  the  Brit 
ish  naval  force  at  New  York,  and  there 
by  deprived  the  French  of  that  superior 
ity  in  this  particular,  which  was  essential 
to  the  carrying  out  of  the  plan  proposed. 


17SO. 


The  British  now  determined  to  at 
tack  the  French  at  Newport,  and  Clin 
ton  embarked  about  eight  thousand  of 
his  best  men,  to  co-operate  with  the 
fleet  against  the  French  force  in  Rhode 
Island.  Fearing,  from  Washington's 
movements,  that  New  York  might  be 
attacked  meanwhile,  Clinton  proceed 
ed  no  further  than  Huntington  Buy,  on 
Long  Island,  and  returned  hastily  to  the 
city.  The  French  fleet,  in  a  state  of 
blockade,  were  unable  to  render  aid  to 
the  Americans.  Hopes  were,  however, 
entertained,  that,  by  the  arrival  of  an 
other  fleet,  then  in  the  West  Indies, 
under  the  command  of  Count  de 
Guichen,  the  superiority  would  be  so 
much  in  favor  of  the  allies,  as  to  enable 
them  to  prosecute  their  original  inten 
tion  of  attacking  New  York.  When 
the  expectations  of  the  Americans  were 
raised  to  the  highest  pitch,  and  when 
they  were  in  great  forwardness  of  prep 
aration,  to  act  in  concert  with  the 
French,  intelligence  arrived,  that  Count 
de  Guichen  had  sailed  for  France.  The 
disappointment  was  mortifying  and  try 
ing  in  the  extreme. 

Washington  still  adhered  to  his  pur 
pose  of  attacking  New  York,  at  the  first 
favorable  opening.  On  this  subject,  he 
corresponded  with  the  French  com 
manders,  and  held  a  personal  confer 
ence  with  them  at  Hartford,  on  the 
21st  of  September.  The  arrival  of 
Admiral  Rodney,  on  the  American 
coast,  a  short  time  after,  with  eleven 
ships  of  the  line,  disconcerted  for  that 
season,  all  the  plans  of  the  allies  ;  and 
Washington  beheld,  with  infinite  regret, 
the  succession  of  abortive  projects 
throughout  the  campaign  of  1780.  In 


CH.  VII.] 


BENEDICT  ARNOLD  THE  TRAITOR. 


89 


17SO. 


that  year,  and  not  before,  he  had  in 
dulged  the  hope  of  happily  terminat 
ing  the  war.  In  a  letter  to  a  friend, 

O  ' 

he  wrote  as  follows :  "  We  are  now 
drawing  to  a  close  an  inactive  cam- 

o 

paign,  the  beginning  of  which  appeared 
pregnant  with  events  of  a  very 
favorable  complexion.  I  hoped, 
but  I  hoped  in  vain,  that  a  prospect 
was  opening,  which  would  enable  me 
to  fix  a  period  to  my  military  pursuits, 
and  restore  me  to  domestic  life.  The 
favorable  disposition  of  Spain ;  the 
promised  succor  from  France  ;  the  com 
bined  force  in  the  West  Indies ;  the 
declaration  of  Russia,  (acceded  to  by 
other  powers  of  Europe,  humiliating 
to  the  naval  pride  and  power  of  Great 
Britain ;)  the  superiority  of  France  and 
Spain  by  sea,  in  Europe ;  the  Irish 
claims,  and  English  disturbances ;  form 
ed  in  the  aggregate  an  opinion  in  my 
breast,  which  is  not  very  susceptible  of 
peaceful  dreams,  that  the  hour  of  de 
liverance  was  not  far  distant :  for  that, 
however  unwilling  Great  Britain  might 
be  to  yield  the  point,  it  would  not  be 
in  her  power  to  continue  the  contest. 
But,  alas  !  these  prospects,  flattering  as 
they  were,  have  proved  delusory  ;  and 
I  see  nothing  before  us,  but  accumulat 
ing  distress.  We  have  been  half  of 
our  time  without  provisions,  and  are 
likely  to  continue  so.  We  have  no 
magazines,  nor  money  to  form  them. 
We  have  lived  upon  expedients,  until 
we  can  live  no  longer.  In  a  word,  the 
history  of  the  war  is  a  history  of  false 
hopes  and  temporary  devices,  instead 
of  system  and  economy.  It  is  in  vain, 
however,  to  look  back;  nor  is  it  our 
business  to  do  so.  Our  case  is  not  des 


perate,  if  virtue  exists  in  the  people, 
and  there  is  wisdom  among  our  rulers. 
But,  to  suppose  that  this  great  revo 
lution  can  be  accomplished  by  a  tem 
porary  army  ;  that  this  army  will  be 
subsisted  by  state  supplies ;  and  that 
taxation  alone  is  adequate  to  our  wants, 
is,  in  my  opinion,  absurd." 

While  Washington,  and  our  patriot 
fathers,  were  struggling  amid  these 
many  difficulties  and  trials,  the  whole 
country  was  startled  and  astounded 
by  the  providential  discovery  of  a 
deeply  laid  plan  of  treachery,  which, 
if  it  had  been  successful,  might  have 
proved  fatal  to  the  cause  of  liberty. 
BENEDICT  ARNOLD  was  the  man  who 
sold  himself  to  the  enemy,  and  the 
name  of  Benedict  Arnold  must  for 
ever  be  consigned  to  infamy.* 

Arnold  had  a  large  share  in  the  es 
teem  and  confidence  of  the  country. 
For  daring  and  impetuous  valor,  he 
was  renowned  among  the  American 
officers.  His  romantic  expedition  to 
Canada,  his  naval  battle  on  Lake 
Champlain,  and  especially  his  des 
perate  bravery  at  Behmus's  Heights, 
had  covered  him  with  military  glory. 
Disabled  from  active  service,  by  a 
wound  received  on  this  last  occasion, 
he  had  been  appointed  to  the  com 
mand  of  the  troops  in  Philadelphia, 
Here,  as  one  of  the  leading  men  of  the 
city,  he  had  established  himself  in  the 
house  of  Penn,  and  had  furnished  it  in 
the  most  sumptuous  manner.  Enticed 
by  the  display  of  wealth  which  he 

*  In  preparing  our  narrative,  we  have  carefully 
consulted  Mr.  Sparks's  "  Life  and  Treason  of  Bene 
dict  Arnold"  being  vol.  iii.  of  the  Library  of  Amer 
ican  Biography. 


90 


THE  CAMPAIGN   OF   1780. 


[P,K.   III. 


made,  and  dazzled  by  the  eclat  of  his 
position,  Miss  Shippen,  a  young  lady, 
not  yet  eighteen,  and  daughter  of  Mr. 
Edward  Shippen,  of  Philadelphia,  lis 
tened  to  Arnold's  addresses,  and,  after 
a  very  short  acquaintance,  they  were 
married.  Arnold's  play,  his  table,  his 
balls,  his  concerts,  his  banquets,  would 
have  exhausted  even  a  very  large  for 
tune.  His  own,  and  the  emoluments 
of  his  employment,  being  far  from  suffi 
cient  to  defray  such  extravagance,  he 
had  betaken  himself  to  commerce  and 
privateering.  His  speculations  proved 
unfortunate  ;  his  debts  accumulated  ;  his 
creditors  tormented  him.  His  bound 
less  arrogance  revolted  at  so  many  em 
barrassments  ;  yet  he  would  diminish 
nothing  of  this  princely  state  ;  and  he 
resorted  to  practices  discreditable  to 
him,  in  the  highest  degree,  as  an  officer, 
and  a  man.*  The  president  and  coun 
cil  of  Pennsylvania  brought  heavy  ac 
cusations  against  him,  which  were  re 
ferred  to  a  court-martial.  The  court 
sentenced  him  to  be  publicly  repri 
manded  by  the  comniander-in-chief, 
who,  with  mingled  firmness  and  deli 
cacy,  discharged  this  unpleasant  duty. 
"  Our  service,"  —  such  were  his  words  — 
"is  the  chastest  of  all.  Even  the 
shadow  of  a  fault  tarnishes  the  lustre 
of  our  finest  achievements.  The  least 
inadvertence,  may  rob  us  of  the  public 
favor,  so  hard  to  be  acquired.  I  rep- 


*  "I  am  inclined  to  believe,  that  Arnold  was  a 
finished  scoundrel  from  early  manhood  to  his  grave  ; 
nor  do  I  believe  that  he  had  any  real  and  true-hearted 
attachment  to  the  whig  cause.  He  fought  as  a  mere 
adventurer,  and  took  sides  from  a  calculation  of  per 
sonal  gain,  and  chances  of  plunder  and  advancement." 
—  Sabine's  "American  £oyalists,"  p.  131. 


17SO. 


rimand  you,  for  having  forgotten,  that 
in  proportion  as  you  had  ren 
dered  yourself  formidable  to 
our  enemies,  you  should  have  been 
guarded  and  temperate  in  your  de 
portment  toward  your  fellow-citizens. 
Exhibit  anew  those  noble  qualities 
which  have  placed  you  on  the  list  of 
our  most  valued  commanders.  I  will 
myself  furnish  you,  as  far  as  it  may  be 
in  my  power,  with  opportunities  of 
gaining  the  esteem  of  your  country." 
Bronzed  must  have  been  the  cheek  of 
Arnold,  if  it  did  not  tingle  with  burn 
ing  shame  at  the  thought  of  what  he 
even  then  was,  in  purpose,  at  least,  a 
traitor  to  the  cause  of  his  bleeding 

o 

country ! 

To  a  man  of  violent  passions  like  Ar 
nold,  disgraced  in  the  eyes  of  his  coun 
trymen  by  well  founded  suspicions  of 
his  integrity,  desperately  in  debt,  and 
with  no  way  in  which  to  retrieve  his 
affairs,  and  obtain  means  to  riot  still 
further  in  vicious  extravagance,  the 
temptation  came  at  an  opportune  mo 
ment.  Revenge  was  within  his  grasp, 
and  gold  held  out  its  lure  to  him.  The 
coffers  of  England  he  knew  might  be 
opened  to  him,  and  treason  bore  with 
her  a  high  price.  He  gave  form  to  his 
guilty  intentions  in  a  letter  to  Colonel 
Robinson,  who  immediately  communi 
cated  them  to  Sir  Henry  Clinton.  For 
more  than  a  year  before  the  consum 
mation  of  his  traitorous  act,  he  kept  up 
a  secret  correspondence  with  Major 
Andre,  adjutant-general  of  the  British 
army,  under  the  assumed  names  respec 
tively  of  Gustavus  and  Anderson. 

Besides  a  large  sum  of  money,  Arnold 
was  promised  a  rank  in  the  British  army 


• 


CH.  VII.] 


CAPTURE  OF  MAJOR  ANDRfi. 


91 


equal  to  that  which  he  then  enjoyed. 
He,  on  his  part,  engaged  to  render  to 
the  British  some  signal  service.  None 
could  equal  in  importance  the  placing 
West  Point  in  the  enemy's  power ;  and 
Arnold  agreed  to  do  that,  which,  had 
it  been  successful,  would  have  been  a 
most  deadly  blow  at  the  freedom  of 
America.  Pretending  an  aversion  to 
longer  residence  in  Philadelphia,  and 
alleging  his  wish  to  resume  active  ser 
vice  in  .the  army,  he  requested  and  ob 
tained  the  command  at  West  Point,  and 
of  all  the  forces  stationed  in  that  quarter. 
He  arrived  at  the  Point  the  first  wreek 
in  August,  and  thenceforward  watched 
a  favorable  opening  for  carrying  out 
his  treasonable  designs,  which  contem 
plated  not  only  the  delivery  of  the 
fortress  to  the  enemy,  but  the  scatter 
ing  the  troops  in  the  vicinity,  so  that 
Clinton  might  easily  fall  upon  them  by 
surprise,  and  cut  them  all  off  at  one 
stroke. 

The  absence  of  the  conimander-in- 
chief  on  a  visit  to  Hartford,  to  meet  the 
French  officers,  was  thought  to  afford  a 
suitable  opportunity  of  bringing  the  af 
fair  to  a  close.  Accordingly,  the  Vul 
ture  sloop-of-war,  having  ascended  the 
Hudson,  and  anchored  in  Haverstraw 
Bay,  some  half  dozen  miles  below  King's 
Ferry,  Major  Andre  landed  from  her, 
for  the  purpose  of  meeting  Arnold,  and 
concerting  the  arrangements  necessary 

to  consummate   his   treachery. 

It  was  about  midnight  when  he 
lauded,  and  the  whole  night  was  spent 
in  conference  with  Arnold.  Andre, 
urged  to  accompany  Arnold  as  far  as 
the  house  of  Joshua  H.  Smith,  reluc 
tantly  complied  with  this  request. 


1T80. 


Mounting  a  horse  brought  by  a  servant, 
he  passed  with  Arnold  the  American 
lines  at  Haverstraw,  and  having  reached 
Smith's*  house,  the  forenoon  was  spent 
in  completing  the  details  of  his  treachery- 
Arnold  furnished  him  with  an  exact 
account  of  the  force  at  West  Point,  gave 
him  a  pass,  in  the  name  of  Anderson, 
to  cross  the  lines,  and  then  returned  to 
his  head-quarters,  at  Robinson's  house, 
opposite  West  Point. 

Meanwhile,  Andre  became  very  un 
easy  at  the  position  in  which  he  was 
placed,  and  was  anxious  to  return  on 
board  the  Vulture.  That  vessel,  how 
ever,  was  compelled  to  retire  further 
down  the  river,  in  consequence  of  being 
fired  upon  from  the  shore,  and  hence, 
Andre  could  not  get  the  boatmen  to 
undertake  to  put  him  again  on  board. 
There  was  no  alternative  but  to  attempt 
to  return  by  land.  Having  exchanged 
his  regimentals  for  a  citizen's  dress,  over 
which  he  wore  a  dark,  loose,  great-coat, 
and  accompanied  by  Smith,  Andre  set 
out  a  little  before  sunset,  crossed  the 
river  at  King's  Ferry  to  Verplanck's 
Point,  and  it  being  now  dark,  took  the 
road  towards  New  York.  At  the  out 
posts  they  were  challenged  by  a  senti 
nel.  Andre's  pass  was  closely  scruti 
nized  by  Captain  Boyd,  the  officer  on 
duty,  and  numerous  inquiries  were  ad 
dressed  to  him.  At  length,  much  to 
his  satisfaction,  he  was  released,  with 
an  apology,  and  advised  to  remain  all 
night,  on  account  of  the  marauders  with 
which  "  the  neutral  ground"  was  infest- 

*  It  is  a  matter  of  doubt  how  far  this  person  was, 
or  was  not,  an  accomplice  of  Arnold's  in  his  traitor 
ous  designs.  The  exact  amount  of  his  guilt  will 
probably  never  be  clearly  ascertained. 


92 


THE  CAMPAIGN   OF   1780. 


[BK.  III. 


ed.  It  was  only  after  great  persuasion 
on  the  part  of  Smith,  that  Andre  con 
sented  to  do  so,  and  the  former  after 
wards  declared,  that  Andre  passed 
the  night  in  great  restlessness  and  un 
easiness.  At  the  dawn  of  day  they 
were  again  in  the  saddle  ;  and  now,  con 
sidering  himself  beyond  the  reach  of 
danger,  the  spirits  of  the  young  officer, 
which  had  hitherto  been  depressed  by 
the  sense  of  danger,  recovered  their  natu 
ral  elasticity.  After  breakfasting  on  the 
road,  they  parted,  and  Andre  continued 
his  journey  towards  New  York  alone. 

About  ten  o'clock,  on  the  morning 
of  September  23d,  while  Andre  was 
passing  over  "the  neutral  ground,"  a 
tract  some  thirty  miles  in  extent,  along 
the  Hudson,  between  the  American  and 
British  lines,  and  when  he  was  about 
half  a  mile  north  of  Tarry  town,  three 
armed  militia  men,  sprang  out  from  the 
road  side,  seized  his  bridle,  and  de 
manded  where  he  was  going.*  Andre, 
supposing  himself  among  friends,  said, 
"I  hope  you  belong  to  our  party." 
"  What  party  ?"  was  asked  by  one  of 
the  men.  "  The  lower  party."  Being 
answered  in  the  affirmative,  Andre 
avowed  himself  a  British  officer,  on 
pressing  business ;  but  immediately  af 
ter,  perceiving  the  blunder  he  had 
made,  he  showed  Arnold's  pass,  and 
urged  them  not  to  detain  him  a  mo 
ment.  The  men,  John  Paulding,  David 

*  It  is  a  curious  coincidence,  noted  by  Mr.  Sparks, 
that  the  last  canto  of  Andre's  satirical  poem,  "  The 
Cow  CViace,"  was  first  printed  in  Rivington's  Gazette, 
on  the  very  day  of  his  capture.  The  last  stanza  might 
be  considered  almost  prophetic.  Tor  this  poem,  com 
memorating  Wayne's  attack  upon  the  Refugee's  Block 
House,  on  the  Hudson,  near  Fort  Lee,  July  21st,  1780, 
Bee  Appendix  I.  at  the  end  of  the  present  chapter. 


Williams,  and  Isaac  Van  Wart,  refused 
his  request,  and  causing  him  to  dis 
mount,  they  took  him  one  side  among 
the  bushes,  and  searched  him.  Having 

o 

pulled  off  his  boots  and  stockings,  they 
found  next  to  the  soles  of  his  feet,  the 
papers  which  Arnold  had  written  out, 
respecting  West  Point,  its  defences, 
the  state  of  the  force,  etc.  Andre  of 
fered  the  men  large  sums  of  money,  if 
they  would  release  him ;  but,  providen 
tially  for  the  cause  of  our  country,  they 
rejected  the  glittering  bribe,  and  a  few 
hours  afterwards,  he  was  delivered  up 
to  Lieutenant-colonel  Jameson,  who  was 
in  command  at  North  Castle,  the  near 
est  military  post.* 

This  officer,  astounded  at  sight  of  the 
papers,  seems  to  have  lost  the  possession 
of  whatever  native  sagacity  he  may  at 
any  time  have  possessed.  With  such 
plain,  outspoken  evidences  of  Arnold's 
base  treason  before  his  eyes,  Jameson, 
nevertheless,  wrote  a  short  note,  and 
resolved  to  send  the  prisoner  on  imme 
diately  to  the  traitor !  At  the  same 
moment  that  he  did  this,  happily  he 
deemed  it  best  to  dispatch  an  express 
with  the  papers,  to  meet  the  com- 
mander-in-chi«f,  supposed  to  be  on  the 

*  On  the  3d  of  November,  it  was  resolved,  "  That 
Congress  have  a  high  sense  of  the  virtuous  and  pat 
riotic  conduct  of  John  Paulding,  David  Williams,  and 
Isaac  Van  Wart :  in  testimony  whereof,  ordered,  that 
each  of  them  receive  annually,  $200  in  specie,  or  an 
equivalent  in  the  current  money  of  these  states,  during 
life,  and  that  the  Board  of  "War  be  directed  to  procure 
for  each  of  them,  a  silver  medal,  on  one  side  of  which, 
shall  be  a  shield,  witli  this  inscription,  FIDELITY,  and 
on  the  other,  the  following  motto,  VINCIT  AMOR  PATKI/E, 
and  forward  them  to  the  commander-in-chief,  who  is 
requested  to  present  the  same,  with  a  copy  of  this 
resolution,  and  the  thanks  of  Congress  for  their  fidel 
ity,  and  the  eminent  service  they  have  rendered  their 
country." 


CH.  VII. J 


ESCAPE  OF  THE  TRAITOR  ARNOLD. 


93 


road,  returning  from  Hartford.  Major 
Tallmadge,  the  second  in  command, 
came  in  from  White  Plains  in  the 
evening.  Filled  with  astonishment  at 
the  news  he  heard,  he  begged  Jameson, 
by  all  means,  to  detain  the  prisoner. 
To  this  the  Colonel  reluctantly  acceded, 
but  still  persisted  in  sending  his  letter 
to  Arnold,  giving  him  the  very  infor 
mation  which  enabled  him  to  escape 
the  punishment  due  to  his  detestable 
crime ! . 

Andre",  aware  that  the  papers  found 
on  him,  had  been  sent  to  Washington, 
and  convinced,  that  further  attempts 
at  concealment  would  be  unavoidable, 
wrote  a  letter,  under  date  of  Septem 
ber  24th,  addressed  to  the  commander- 
in-chief,  revealing  his  name  and  rank. 
Less  solicitous  about  his  safety,  than  to 
prove  that  he  was  not  an  impostor,  or 
a  spy,  he  endeavored  to  refute  appear 
ances  which  were  plainly  against 
him.  He  affirmed,  that  his  ob 
ject  had  been,  to  confer  with  a  person 
upon  neutral  ground,  and  that  thence 
he  had,  without  knowing  it,  been  drawn 
within  the  American  lines. 

Washington,  meanwhile,  arrived  at 
Fishkill,  eighteen  miles  from  Arnold's 
head-quarters,  in  the  afternoon  of  Sep 
tember  24th.  He  intended  to  reach 
West  Point  that  evening,  but  M.  De  la 
Luzerne,  urging  him  to  do  so,  he  re 
mained  over  night,  and  very  early  in 
the  morning  of  the  25th,  set  off  with 
his  suite,  sending  word  that  they  would 
breakfast  with  Arnold,  at  Robinson's 
House.  When  nearly  opposite  West 
Point,  he  turned  his  horse  down  a  lane, 
when  Lafayette  reminded  him,  that  he 
was  taking  the  wrong  road,  and  that 

VOL.  II.— f2 


17SO. 


Mrs.  Arnold  was,  no  doubt,  waiting 
breakfast  for  them.  "Ah,"  replied 
Washington,  smiling,  "  I  know  you 
young  men  are  all  in  love  with  Mrs. 
Arnold,  and  wish  to  get  where  she  is 
as  soon  as  possible.  You  may  go  and 
take  your  breakfast  with  her,  and  tell 
her  not  to  wait  for  me,  for  I  must  ride 
down  and  examine  the  redoubts  on  this 
side  the  river,  and  will  be  there  in  a 
short  time."  His  officers,  however,  de 
clined  to  leave  him,  and  two  of  his 
aide-de-camp  were  sent  forward  to  ex 
plain  the  cause  of  the  delay. 

On  learning  that  Washington  and 
his  suite  would  not  be  there  for  some 
time,  Arnold  and  his  family  sat  down 
to  breakfast  with  the  aids.  While 
they  were  yet  at  table,  Lieutenant 
Allen  came  in,  and  presented  the  let 
ter  from  Jameson,  giving  the  intelli 
gence  of  Andre's  capture.  By  a  pow 
erful  effort,  which  long  practice  in 
dissimulation  enabled  him  to  make, 
Arnold  read  the  letter,  arose  in  some 
hurry,  and,  informing  the  company  that 
his  presence  was  urgently  needed  at 
West  Point,  went  up  stairs  to  his  wife's 
chamber,  and  sent  to  call  her.  In  a 
few  words,  he  explained  to  her,  that  he 
must  fly  for  his  life,  and,  leaving  her  in 
a  swoon  on  the  floor,  he  rode  hastily  to 
the  river  side,  entered  a  six-oared  barge, 
stimulated  the  men,  by  promises  of 
drink,  to  extra  exertion,  held  up  a 
white  handkerchief,  as  he  passed  Ver- 
planck's  Point,  and  was  soon  in  safety 
on  board  the  Vulture. 

Washington,  shortly  after  Arnold's  es 
cape,  reached  head-quarters,  at  Robin 
son's  House,  and  being  told  that  Ar 
nold  had  crossed  the  river,  determined 


THE   CAMPAIGN   OF   1780. 


[BK.  III. 


to  hurry  breakfast,  and  to  follow  him. 
as  soon  as  possible.  As  the  whole  party 
glided  across  the  river,  surrounded  by 
the  majestic  scenery  of  the  Highlands, 
Washington  said,  "Well,  gentlemen,  I 
am  glad,  on  the  whole,  that  General 
Arnold  has  gone  before  us,  for  we  shall 
now  have  a  salute,  and  the  roaring  of 
the  cannon  will  have  a  fine  effect  among 
these  mountains."  The  boat  drew  near 
to  the  beach,  but  no  cannon  were  heard, 
and  there  was  no  appearance  of  prep 
aration  to  receive  them.  "  What,"  said 
Washington,  "  do  they  not  intend  to  sa 
lute  us  ?"  As  they  landed,  an  officer 
descended  the  hill,  and,  in  some  con 
fusion,  apologized  for  not  being  pre 
pared  to  receive  such  distinguished  vis 
itors.  "How  is  this,  sir,"  said  Wash 
ington,  "  is  not  General  Arnold  here  ?" 
"No,  sir,"  replied  the  officer,  "he  has 
not  been  here  these  two  days,  nor  have 
I  heard  from  him  within  that  time." 
"  This  is  extraordinary,"  said  Washing 
ton  ;  "  we  were  told  that  he  had  crossed 
the  river,  and  that  we  should  find  him 
here.  However,  our  visit  must  not  be 
in  vain.  Since  we  have  come,  although 
unexpectedly,  we  must  look  round  a 
little,  and  see  in  what  state  things  are 
with  you."  An  hour  or  two  was  spent 
in  this  examination,  and  then  the  Com 
mander-in-chief,  with  the  officers  in 
company,  returned  to  Robinson's  House, 
in  the  afternoon. 

Hamilton,  who  had  remained  behind, 
met  Washington,  on  his  return,  and,  in 
great  agitation,  placed  in  his  hands  the 
papers,  which  had  just  arrived  by  the 
express  sent  by  Jameson,  together  with 
the  letter  of  Andre.  Although  shock 
ed  by  the  discovery  of  Arnold's  base 


crime,  Washington  did  not  lose  his  self- 
command  for  a  moment.  "  Whom  can 
we  trust  now?"  were  his  words,  ad 
dressed  to  Lafayette  ;  and  with  habit 
ual  caution,  he  kept  the  matter  quiet 
for  a  time.  Hamilton  was  sent  down 
to  Verplanck's  Point,  but  too  late  to 
prevent  Arnold's  escape.  The  wife  of 
the  traitor  was  frantic  with  grief  and 
excitement,  and  the  sympathies  of 
Washington,  and  his  officers,  were  be 
stowed  upon  the  unhappy  woman. 
Not  long  after,  a  letter  was  sent  in, 
which  Arnold  had  written  on  board 
the  Vulture,  asking  for  protection  to 
his  wife  and  child ;  asserting  that  Mrs. 
Arnold  was  wholly  innocent  of  any 
knowledge  or  complicity  in  his  guilt,'* 
and,  with  unblushing  effrontery,  boast 
ing  of  his  love  to  his  country,  which 
prompted  his  present  conduct.  Bev 
erly  Robinson,  also  sent  from  on  board 
the  Vulture,  a  letter  to  Washington, 
claiming  that  Andre  was  under  protec 
tion  of  a  flag,  and  ought  to  be  set  at 
liberty  immediately. 

Washington  promptly  took  measures 
to  defeat  any  designs  which  Clinton 
might  have  in  view,  and  although  it 
was  impossible  to  tell  how  many,  or 
how  few,  were  concerned  in  Arnold's 
guilt,  the  command er-in-chief  did  not 
withdraw  his  confidence  from 
any  of  his  officers,  but  treated 
them  all  as  innocent  of  any  knowl- 


1TSO. 


*  Mr.  Sparks  is  of  opinion,  that  nothing  ever  tran 
spired,  to  show  that  Mrs.  Arnold  was  aware  of  her 
husband's  vile  plans  and  purposes.  On  the  other 
hand,  Mr.  Davis,  in  his  "  Memoirs  of  Aaron  Jinrr" 
(vol.  i.,  p.  219,)  very  positively  declares,  that  Mrs. 
Arnold  was  not  only  a  participator  in  his  crimes,  but, 
worse  than  that,  was  a  chief  tempter  to  him,  to  sell 
himself  and  his  country  for  gold. 


96 


THE  CAMPAIGN   OF   1780. 


[BK.  III. 


ish  commander,  to  whom  Andr6  was 
especially  dear,  opened  a  correspond 
ence  with  Washington,  and  urged  every 
consideration  of  justice,  policy,  and  hu 
manity,  in  favor  of  Andre.  Finding 
that  his  letters  were  ineffectual,  he  dis 
patched  General  Robertson,  and  two 
other  gentlemen,  on  the  1st  of  October, 
to  confer  with  Washington,  or  any  offi 
cer  whom  he  might  appoint.  Robert 
son  was  met  by  General  Greene,  at 
Dobb's  Ferry,  and  every  possible  rea 
son  was  urged  by  the  British  officer,  to 
induce  the  belief,  that  Andre  was  not 
a  spy,  and  ought  not  to  suffer  death  as 
a  spy.  But  entreaties  and  threats  were 
alike  of  no  avail.  Robertson  presented 
an  impudent  letter  from  Arnold,  which 
was  offensive  in  a  high  degree,  and 
could  not  help  the  case  of  the  prisoner ; 
and  the  conference  ended  without  effect, 
so  far  as  Andre  was  concerned. 

The  execution  had  been  appointed 
to  take  place,  at  five  o'clock,  on  the 
afternoon  of  October  1st,  but  owing  to 
the  length  of  the  interview  with 
Robertson,  it  was  postponed  till 
the  next  day,  at  twelve  o'clock.  An 
dre  had  entreated  that  he  might  be 
shot  as  a  soldier,  instead  of  being  hung 
as  a  malefactor;  but  the  request  was 
not  granted ;  it  could  not  be  granted 
consistently  "with  the  customs  of  war, 
and  the  established  facts  in  regard  to 
his  case. 

We  give  the  conclusion  of  this  dis 
tressing  scene,  in  the  words  of  Dr. 
Thacher,*  who  presents  a  vivid  picture 
of  the  last  hours  of  the  hapless  Major 
Andre. 

*  Thacher's  "  Military  Journal,"  pp.  226-28. 


17§0. 


"  October  2d. — Major  Andre  is  no 
more  among  the  living.  I  have  just 
witnessed  his  exit.  It  was  a  tragical 
scene  of  the  deepest  interest.  During 
his  confinement  and  trial,  he  exhibited 
those  proud  and  elevated  sensibilities, 
which  designate  greatness  and  dignity 
of  mind.  Not  a  murmur,  or  a  sigh, 
ever  escaped  him,  and  the  civilities  and 
attentions  bestowed  on  him,  were  po 
litely  acknowledged.  Having  left  a 
mother  and  two  sisters  in  England,  he 
was  heard  to  mention  them  in  terms  of 
the  greatest  affection,  and  in  his  letter 
to  Sir  Henry  Clinton,  he  recommends 
them  to  his  particular  attention. 

"  The  principal  guard  officer,  who  was 
constantly  in  the  room  with  the  pris 
oner,  relates,  that  when  the  hour  of  his 
execution  was  announced  to  him  in  the 
morning,  he  received  it  without  emo 
tion,  and  while  all  present  were  affected 
with  silent  gloom,  he  retained  a  firm, 
countenance,  with  a  calmness  and  com 
posure  of  mind.  Observing  his  servant 
enter  his  room  in  tears,  he  exclaimed, 
'  Leave  me,  till  you  can  show  yourself 
more  manly.'  His  breakfast  being  sent 
him  from  the  table  of  General  Wash 
ington,  which  had  been  done  every  day 
of  his  confinement,  he  partook  of  it  as 
usual,  and  having  shaved  and  dressed 
himself,  he  placed  his  hat  on  the  table, 
and  cheerfully  said  to  the  guard  offi 
cers,  '  I  am  ready  at  any  moment,  gen 
tlemen,  to  wait  on  you.'  The  fatal 
hour  having  arrived,  a  large  detach 
ment  of  troops  was  paraded,  and  an  im 
mense  concourse  of  people  assembled ; 
almost  all  our  general  and  field  officers, 
excepting  his  Excellency  and  his  staff, 
were  present  on  horseback ;  melancholy 


CH.  VII.] 


EXECUTION   OF  MAJOR  ANDRfi. 


07 


aiicl  gloom  pervaded  all  ranks ;  and  the 
scene  was  affectingly  awful.  I  was  so 
near  during  the  solemn  march  to  the 
fatal  spot,  as  to  observe  every  move 
ment,  and  participate  in  every  emotion 
which  the  melancholy  scene  was  calcu 
lated  to  produce.  Major  Andre  walked 
from  the  stone  house,  in  which  he  had 
been  confined,  between  two  of  our  sub 
altern  officers,  arm  in  arm ;  the  eyes  of 
the  immense  multitude  were  fixed  on 
him,  who,  rising  superior  to  the  fears 
of  death,  appeared  as  if  conscious  of 
the  dignified  deportment  which  he  dis 
played.  He  betrayed  no  want  of  forti 
tude,  but  retained  a  complacent  smile 
on  his  countenance,  and  politely  bowed 
to  several  gentlemen  whom  he  knew, 
which  was  respectfully  returned.  It 
was  his  earnest  desire  to  be  shot,  as 
being  the  mode  of  death  most  conform 
able  to  the  feelings  of  a  military  man, 
and  he  had  indulged  the  hope  that  his 
request  would  be  granted.  At  the  mo 
ment,  therefore,  when  suddenly  he  came 
in  view  of  the  gallows,  he  involuntarily 
started  backward,  and  made  a  pause. 
'  Why  this  emotion,  sir  ?'  said  an  officer 
by  his  side.  Instantly  recovering  his 
composure,  he  said, '  I  am  reconciled  to 
my  death,  but  I  detest  the  mode.' 
While  waiting  and  standing  near  the 
gallows,  I  observed  some  degree  of 
trepidation;  placing  his  foot  upon  a 
stone,  and  rolling  it  over,  and  chok 
ing  in  his  throat,  as  if  attempting  to 
swallow.  So  soon,  however,  as  he  per 
ceived  that  things  were  in  readiness,  he 
stepped  quickly  into  the  waggon,  and  at 
this  moment  he  appeared  to  shrink,  but 
instantly  elevating  his  head,  with  firm 
ness,  he  said,  '  It  will  be  but  a  momen 


tary  pang  ;'  and  taking  from  his  pocket 
two  white  handkerchiefs,  the  provost- 
marshal,  with  one,  loosely  pinioned  his 
arms,  and  with  the  other,  the  victim^ 
after  taking  off  his  hat  and  stock,  ban 
daged  his  own  eyes  with  perfect  firm 
ness,  which  melted  the  hearts  and  mois 
tened  the  cheeks,  not  only  of  his  servant, 
but  of  the  throng  of  spectators.  The 
rope  being  appended  to  the  gallows,  he 
slipped  the  noose  over  his  head,  and 
adjusted  it  to  his  neck,  without  the  as 
sistance  of  the  awkward  executioner. 
Colonel  Scammel  now  informed  him, 
that  he  had  an  opportunity  to  speak,  if 
he  desired  it ;  he  raised  his  hankerchief 
from  his  eyes,  and  said,  '  I  pray  you,  to 
bear  me  witness,  that  I  meet  my  fate 
like  a  brave  man.'  The  waggon  being 
now  removed  from  under  him,  he  was 
suspended,  and  instantly  expired.  It 
proved,  indeed,  '  but  a  momentary 
pang.'  He  was  dressed  in  his  royal 
regimentals  and  boots,  and  his  remains, 
in  the  same  dress,  were  placed  in  an  or 
dinary  coffin,  and  interred  at  the  foot 
of  the  gallows  ;  and  the  spot  was  con 
secrated  by  the  tears  of  thousands."* 


*  "  In  no  instance,"  says  Washington,  in  a  private 
letter,  "  since  the  commencement  of  the  war,  has  the 
interposition  of  Providence  appeared  more  remarkably 
conspicuous,  than  in  the  rescue  of  the  post  and  gar 
rison  at  West  Point.  How  far  Arnold  meant  to  in 
volve  me  in  the  catastrophe  of  this  place,  does  not  ap 
pear  by  any  indubitable  evidence,  and  I  am  rather 
inclined  to  think,  he  did  not  wish  to  hazard  the  more 
important  object,  by  attempting  to  combine  two  events, 
the  lesser  of  which  might  have  marred  the  greater.  A 
combination  of  extraordinary  circumstances,  and  un 
accountable  deprivation  of  presence  of  mind  in  a  man 
of  the  first  abilities,  and  the  virtue  of  three  militia 
men,  threw  the  adjutant-general  of  the  British  forces, 
with  full  proof  of  Arnold's  intention,  into  our  hands, 
and,  but  for  the  egregious  folly,  or  the  bewildered  con 
ception,  of  Lieutenant-colonel  Jameson,  who  seemed 


98 


THE  CAMPAIGN   OF   1780. 


[BK.  III. 


17§0. 


During  the  remainder  of  the  cam 
paign,  no  transactions  of  much  import 
ance  were  carried  on  in  the  north.  On 
the  21st  of  November,  indeed,  Major 
Tallmadge  performed  a  brilliant  exploit 
of  desultory  warfare.  Being  in 
formed  that  the  British  had  a 
large  magazine  of  forage  at  Coram,  on 
Long  Island,  protected  by  a  small  gar 
rison  at  Fort  St.  George,  on  South 
Haven,  in  its  vicinity,  he  crossed  the 
sound,  where  it  was  upwards  of  twenty 
miles  broad ;  and,  with  nearly  one  hun 
dred  men,  surprised  the  fort ;  made  the 
garrison,  upwards  of  fifty  in  number, 
prisoners;  burnt  the  magazines  at 
Coram ;  and,  escaping  the  British 
cruisers,  recrossed  the  sound,  without 
losing  a  man.  On  the  other  hand, 


lost  in  astonishment,  and  not  to  have  known  what 
he  was  doing,  I  should  undoubtedly  have  gotten  Ar 
nold.  Andre  has  met  his  fate,  and  with  that  forti 
tude  which  was  to  be  expected  from  an  accomplished 
man,  and  a  gallant  officer ;  but  I  mistake,  if  Arnold 
is  suffering  at  this  time,  the  torments  of  a  mental  hell. 
He  wants  feeling.  From  some  traits  of  his  character, 
which  have  lately  come  to  my  knowledge,  he  seems 
to  have  been  so  hackneyed  in  crime,  so  lost  to  all  sense 
of  honor  and  shame,  that  while  his  faculties  still  en 
able  him  to  continue  his  sordid  pursuits,  there  will 
be  no  time  for  remorse." 


Major  Carleton,  towards  the  close  of 
October,  at  the  head  of  a  thousand  men, 
Europeans,  Indians,  and  loyalists,  made 
a  sudden  irruption  into  the  northern 
parts  of  the  state  of  New  York,  took 
the  forts  Anne  and  George,  and  made 
the  garrison  prisoners.  At  the  same 
time,  Sir  John  Johnson,  at  the  head  of 
a  body  of  a  similar  description,  appear 
ed  on  the  Mohawk.  Several  smart 
skirmishes  were  fought.  But  both  of 
those  parties  were  obliged  to  retire,, 
laying  waste  the  country  through  which 
they  passed. 

On  the  approach  of  winter,  both 
armies  went  into  winter-quarters.  Gen 
eral  Washington  stationed  the  Penn 
sylvania  line  near  Morristown ;  the 
Jersey  line,  about  Pompton,  on  the 
confines  of  New  York  and  New  Jer 
sey;  the  troops  of  New  England,  in 
West  Point  and  its  vicinity,  on  both 
sides  of  the  North  River ;  and  the 
troops  of  New  York  remained  at  Al 
bany,  whither  they  had  been  sent  to 
oppose  the  incursion  of  Carleton  and 
Johnson.  The  French  army  remained 
at  Newport,  except  the  legion  of  the 
Duke  de  Lauzun,  which  was  cantoned 
at  Lebanon,  .in  Connecticut. 


CH.  VII.] 


THE  COW   CHACE. 


99 


APPENDIX    TO     CHAPTER    VII. 


I.    THE    COW    CHACE. 


PART    I. 

To  drive  the  kine  one  summer's  morn, 

The  tanner  took  his  way  ; 
The  calf  shall  rue  that  is  unborn 

The  jumbling  of  that  day. 

And  "Wayne  descending  steers  shall  know, 

And  tauntingly  deride  ; 
And  call  to  mind  in  every  low, 

The  tanning  of  his  hide. 

Yet  Bergen  cows  still  ruminate, 

Unconscious  in  the  stall, 
What  mighty  means  were  used  to  get, 

And  loose  them  after  all. 

For  many  heroes  bold  and  brave, 
From  Newbridge  and  Tapaan, 

And  those  that  drink  Passaic's  wave, 
And  those  who  eat  soupauu  ; 

And  sons  of  distant  Delaware, 

And  still  remoter  Shannon, 
And  Major  Lee  with  horses  rare, 

And  Proctor  with  his  cannon. 

All  wondrous  proud  in  arms  they  came, 

What  hero  could  refuse 
To  tread  the  rugged  path  to  fame, 

Who  had  a  pair  of  shoes  ? 

At  six,  the  host  with  sweating  buff, 

Arrived  at  Freedom's  pole  ; 
When  Wayne,  who  thought  he'd  time  enough, 

Thus  speechified  the  whole. 

"  0  ye,  whom  glory  doth  nnite, 

Who  Freedom's  cause  espouse  ; 

Whether  the  wing  that's  doom'd  to  fight, 
Or  that  to  drive  the  cows, 


"  Ere  yet  yon  tempt  your  further  way, 

Or  into  action  come, 
Hear,  soldiers,  what  I  have  to  say, 

And  take  a  pint  of  rum. 

"  Intemp'rate  valor  then  will  string 
Each  nervous  arm  the  better  ; 

So  all  the  land  shall  10  sing, 

And  read  the  Gen'ral's  letter. 

"  Know  that  some  paltry  Refugees, 
Whom  I've  a  mind  to  fight ; 

Are  playing  h — 1  amongst  the  trees 
That  grow  on  yond'er  height. 

"  Their  fort  and  block-houses  we'll  level, 
And  deal  a  horrid  slaughter  ; 

We'll  drive  the  scoundrels  to  the  devil, 
And  ravish  wife  and  daughter. 

"  I,  under  cover  of  th'  attack, 
Whilst  you  are  all  at  blows, 

From  English  Neighb'rhood  and  Nyack, 
Will  drive  away  the  cows  ; 

"  For  well  you  know  the  latter  is 

The  serious  operation, 
And  fighting  with  the  Refugees 

Is  only  demonstration." 

His  daring  words,  from  all  the  crowd, 
Such  great  applause  did  gain, 

That  every  man  declar'd  aloud, 

For  serious  work  with  Wayne. 

Then  from  the  cask  of  rum  once  more, 

They  took  a  heady  gill  ; 
When  one  and  all,  they  loudly  swore, 

They'd  fight  upon  the  hill. 

But  here  the  Muse  hath  not  a  strain 
Befitting  such  great  deeds  ; 

Huzza  !  they  cried,  huzza !  for  Wayne, 
And  shouting — did  their  needs. 


100 


APPENDIX  TO  CHAPTER  VII. 


[BK.  III. 


PART    II. 

Near  his  meridian  pomp,  the  sun 

Had  journey'd  from  the  hor'zon  ; 

When  fierce  the  dusky  tribe  mov'd  on, 
Of  heroes  drunk  as  poison. 

The  sounds  confus'd  of  boasting  oaths, 
Re-echo'd  through  the  wood  ; 

Some  vow'd  to  sleep  in  dead  men's  clothes, 
And  some  to  swim  in  blood. 

At  Irving's  nod  'twas  fine  to  see, 

The  left  prepare  to  fight ; 
The  while,  the  drovers,  Wayne  and  Lee, 

Drew  off  upon  the  right. 

Which  Irving  'twas,  fame  don't  relate, 
Nor  can  the  Muse  assist  her  ; 

Whether  'twas  he  that  cocks  a  hat, 
Or  he  that  gives  a  clyster. 

For  greatly  one  was  signaliz'd, 

That  fought  on  Chestnut  Hill ; 

And  Canada  immortaliz'd 
The  vender  of  the  pill. 

Yet  their  attendance  upon  Proctor, 
They  both  might  have  to  boast  of ; 

For  there  was  business  for  the  doctor, 
And  hats  to  be  disposed  of. 

Let  none  uncandidly  infer, 

That  Stirling  wanted  spunk  ; 

The  self-made  peer  had  sure  been  there, 
But  that  the  peer  was  drunk. 

But  turn  we  to  the  Hudson's  banks, 
Where  stood  the  modest  train  ; 

With  purpose  firm,  though  slender  ranks, 
Nor  car'd  a  pin  for  Wayne. 

For  them  the  unrelenting  hand 

Of  rebel  fury  drove, 
And  tore  from  every  genial  band 

Of  friendship  and  of  love. 

And  some  within  a  dungeon's  gloom, 

By  mock  tribunals  laid  ; 
Had  waited  long  a  cruel  doom 

Impending  o'er  each  head. 

Here  one  bewails  a  brother's  fate, 
There  one  a  sire  demands, 


Cut  off,  alas  1  before  their  date, 
By  ignominious  hands. 

And  silver'd  grandsires  here  appear'd 

In  deep  distress  serene, 
Of  reverend  manners  that  declar'd 

The  better  days  they'd  seen. 

Oh,  curs'd  rebellion,  these  are  thine, 
Thine  are  these  tales  of  woe  ; 

Shall  at  thy  dire  insatiate  shrine, 
Blood  never  cease  to  flow  ? 

And  now  the  foe  began  to  lead 

His  forces  to  the  attack  ; 
Balls  whistling  unto  balls  succeed, 

And  make  the  block-house  crack. 

No  shot  could  pass,  if  you  will  take 
The  Gen'ral's  word  for  true  ; 

But  'tis  a  d ble  mistake, 

For  every  shot  went  through. 

The  firmer  as  the  rebels  press'd. 

The  loyal  heroes  stand  ; 
Virtue  had  nerv'd  each  honest  breast, 

And  industry  each  hand. 

In  valor's  frenzy,  Hamilton 

Rode  like  a  soldier  big, 
And  Secretary  Harrison, 

With  pen  stuck  in  his  wig. 

But  lest  their  chieftain  Washington, 
Should  mourn  them  in  the  mumps, 

The  fate  of  Withriugtou  to  shun, 
They  fought  behind  the  stumps. 

But  ah,  Thaddseus  Posset,  why 
Should  thy  poor  soul  elope  ? 

And  why  should  Titus  Hooper  die, 
Ay,  die — without  a  rope  ? 

Apostate  Murphy,  thou  to  whom 
Fair  Shela  ne'er  was  cruel, 

In  death  shalt  hear  her  mourn  thy  doom, 
"  Och !  would  ye  die,  my  jewel  ?" 

Thee,  Nathan  Pumpkin,  I  lament, 

Of  melancholy  fate  ; 
The  gray  goose  stolen  as  he  went, 

In  his  heart's  blood  was  wet. 


Cn.  VII.] 


THE  COW   CIIACE. 


101 


Now,  as  the  fight  was  further  fought, 

And  balls  began  to  thicken, 
The  fray  assum'd,  the  generals  thought, 

The  color  of  a  lickin'. 

Yet  undismay'd  the  chiefs  command, 

And  to  redeem  the  day ; 
Cry,  Soldiers,  charge !  they  hear,  they  stand, 

They  turn  and  run  away. 

PART    III. 

Not  all  delights  the  bloody  spear, 

Or  horrid  din  of  battle; 
There  are,  I'm  sure,  who'd  like  to  hear 

A  word  about  the  cattle. 

The  chief  whom  we  beheld  of  late, 
Near  Schralenburg  haranguing, 

At  Yan  Van  Poop's  unconscious  sat 
Of  Irving's  hearty  banging. 

Whilst  valiant  Lee,  with  courage  wild, 

Most  bravely  did  oppose 
The  tears  of  woman  and  of  child, 

Who  begged  he'd  leave  the  cows. 

But  Wayne,  of  sympathizing  heart, 

Required  a  relief; 
Not  all  the  blessings  could  impart 

Of  battle  or  of  beef. 

For  now  a  prey  to  female  charms, 

His  soul  took  more  delight  in 
A  lovely  hamadryad's  arms, 

Than  driving  cows  or  fighting. 

A  nymph  the  Refugees  had  drove 

Far  from  her  native  tree, 
Just  happen'd  to  be  on  the  move, 

When  up  came  Wayne  and  Lee. 

She,  in  mad  Anthony's  fierce  eye, 

The  hero  saw  portray'd, 
And  all  in  tears  she  took  him  by 

— The  bridle  of  his  jade. 

"  Hear,"  said  the  nymph, "  O,  great  commander ! 

No  human  lamentations ; 
The  trees  you  see  them  cutting  yonder, 

Are  all  my  near  relations. 

"  And  I,  forlorn  !  implore  thine  aid 

To  free  the  sacred  grove ; 
VOL.  II.— 13 


So  shall  thy  prowess  be  repaid 
With  an  immortal's  love." 

Now  some,  to  prove  she  was  a  goddess, 

Said  this  enchanting  fair 
Had  late  retired  from  the  bodies 

In  all  the  pomp  of  war. 

The  drums  and  merry  fifes  had  play'd 

To  honor  her  retreat ; 
And  Cunningham  himself  convey'd 

The  lady  through  the  street. 

Great  Wayne,  by  soft  compassion  sway'd, 

To  no  inquiry  stoops, 
But  takes  the  fair  afflicted  maid 

Right  into  Yan  Van  Poop's. 

So  Roman  Anthony,  they  say, 

Disgrac'd  the  Imperial  banner, 

And  for  a  gypsy  lost  a  day, 
Like  Anthony  the  tanner. 

The  hamadryad  had  but  half 

Receiv'd  address  from  Wayne, 

When  drums  and  colors,  cow  and  calf, 
Came  down  the  road  amain. 

And  in  a  cloud  of  dust  was  seen 
The  sheep,  the  horse,  the  goat, 

The  gentle  heifer,  ass  obscene, 
The  yearling  and  the  shoat. 

And  pack-horses  with  fowls  came  by, 

Befeather'd  on  each  side ; 
Like  Pegasus,  the  horse  that  I 

And  other  poets  ride. 

Sublime  upon  his  stirrups  rose 

The  mighty  Lee  behind, 
And  drove  the  terror-smitten  cows 

Like  chaff  before  the  wind. 

But  sudden  see  the  woods  above, 

Pour  down  another  corps, 
All  helter-skelter  in  a  drove, 

Like  that  I  sung  before. 

Irving  and  terror  in  the  van, 

Came  flying  all  abroad  ; 
And  cannons,  colors,  horse,  and  man, 

Ran  tumbling  to  the  road. 


102 


APPENDIX  TO   CHAPTER   VII. 


.  in. 


Still  as  he  fled,  'twas  Irving's  cry, 

And  his  example  too, 
"  Run  on,  my  merry  men — For  why  ? 

The  shot  will  not  go  through." 

As  when  two  kennels  in  the  street, 

Swell'd  with  a  recent  rain, 
In  gushing  streams  together  meet, 

And  seek  the  neighboring  drain ; 

So  met  these  dung-born  tribes  in  one, 

As  swift  in  their  career, 
And  so  to  Newbridge  they  ran  on — 

But  all  the  cows  got  clear. 

Poor  parson  Caldwell,  all  in  wonder, 

Saw  the  returning  train, 
And  mourn'd  to  Wayne  the  lack  of  plunder 

For  them  to  steal  again. 

For  'twas  his  right  to  steal  the  spoil,  and 
To  share  with  each  commander, 

As  he  had  done  at  Staten  Island 
With  frost-bit  Alexander. 

In  his  dismay,  the  frantic  priest, 

Began  to  grow  prophetic ; 
You'd  swore,  to  see  his  laboring  breast, 

He'd  taken  an  emetic. 

"  I  view  a  future  day,"  said  he, 

"  Brighter  than  this  day  dark  is ; 

And  you  shall  see  what  you  shall  see, 
Ha !  ha  !  my  pretty  Marquis  ! 

"  And  he  shall  come  to  Paulus  Hook, 
And  great  achievements  think  on ; 

And  make  a  bow  and  take  a  look, 
Like  Satan  over  Lincoln. 

"  And  every  one  around  shall  glory 
To  see  the  Frenchman  caper ; 

And  pretty  Susan  tell  the  story 
In  the  next  Chatham  paper." 

This  solemn  prophecy,  of  course, 

Gave  all  much  consolation, 
Except  to  Wayne,  who  lost  his  horse, 

Upon  that  great  occasion. 

His  horse  that  carrried  all  his  prog, 

His  military  speeches ; 
His  corn-stalk  whiskey  for  his  grog, 

Blue  stockings  and  brown  breeches 


And  now  I've  clos'd  my  epic  strain, 

I  tremble  as  I  show  it, 
Lest  this  same  warrior-drover,  Wayne, 

Should  ever  catch  the  poet. 


II.     SERGEANT  CIIAMPE'S  ADVENTURE. 

BY    MAJOR    LEE. 

WASHINGTON,  informed  that  others  of  the 
American  officers,  were,  like  Arnold,  traitors  to 
their  country,  resolved  to  ascertain,  if  possible, 
whether  the  information  was  correct.  He  sent 
for  Major  Lee,  and  asked  him  to  name  a  man 
who  was  able  and  willing  to  proceed  to  New 
York,  under  the  guise  of  a  deserter,  and  ascer 
tain  the  truth  so  important  to  be  known,  for  the 
interests  of  the  country,  and  the  vindication  of 
the  character  of  the  army,  viz.,  whether  there 
were  other  Arnolds  among  the  officers,  or  whether 
he  alone  was  the  guilty  traitor.  Lee,  happily,  was 
possessed  of  the  very  man  in  his  corps,  and  after 
an  interview  with  the  gallant  sergeant,  and  over 
coming  his  scruples  against  so  unusual  a  duty, 
Champe  agreed  to  make  the  required  attempt. 
We  now  quote  from  Major  Lee. 

This  part  of  the  business  being  finished,  the 
major's  and  sergeant's  deliberations  were  turned 
to  the  manner  of  the  latter's  desertion ;  for  it  was 
well  known  to  both,  that  to  pass  the  numerous 
patrols  of  horse  and  foot  crossing  from  the 
stationary  guards,  was  itself  difficult,  which  was 
now  rendered  more  so,  by  parties  thrown  oc 
casionally  beyond  the  place  called  Liberty-pole, 
as  well  as  by  the  swarms  of  irregulars,  induced 
sometimes  to  venture  down  to  the  very  point  of 
Paulus  Hook,  with  the  hope  of  picking  up  booty. 
Evidently  discernible  as  were  the  difficulties  in 
the  way,  no  relief  could  be  administered  by  Major 
Lee,  lest  it  might  induce  a  belief,  that  he  was 
privy  to  the  desertion,  which  opinion  getting  to 
the  enemy,  would  involve  the  life  of  Champe.  The 
sergeant  was  left  to  his  own  resources,  and  to  his 
own  management,  with  the  declared  determina 
tion,  that  in  case  his  departure  should  be  dis 
covered  before  morning,  Lee  would  take  care  to 
delay  pursuit  as  long  as  was  practicable. 

Giving  to  the  sergeant  three  guineas,  and  pro 
senting  his  best  wishes,  he  recommended  him  to 
start  without  delay,  and  enjoined  him  to  commu 
nicate  his  arrival  in  New  York,  as  soon  thereafter 


Cn.  VLL] 


SERGEANT  CIIAMPE'S  ADVENTURES. 


103 


as  might  be  practicable.  Champc,  pulling  out  his 
watch,  compared  it  with  the  major's,  reminding 
the  latter  of  the  importance  of  holding  back  pur 
suit,  which  he  was  convinced  would  take  place  in 
the  course  of  the  night,  and  which  might  be  fatal, 
as  he  knew  that  he  should  be  obliged  to  zigzag, 
in  order  to  avoid  the  patrols,  which  would  con 
sume  time.  It  was  now  nearly  eleven.  The  ser 
geant  returned  to  camp,  and  taking  his  cloak, 
valise,  and  orderly-book,  he  drew  his  horse  from 
the  picket,  and,  mounting  him,  put  himself  on 
fortune.  Lee,  charmed  with  his  expeditious  con 
summation  of  the  first  part  of  the  enterprise,  re 
tired  to  rest.  Useless  attempt!  the  past  scene 
could  not  be  obliterated  ;  and,  indeed,  had  that 
been  practicable,  the  interruption  which  ensued, 
would  have  stopped  repose. 

Within  half  an  hour  Captain  Carnes,  officer  of 
the  day,  waited  on  the  major,  and  with  considera 
ble  emotion,  told  him  that  one  of  the  patrol  had 
fallen  in  with  a  dragoon,  who,  being  challenged, 
put  spur  to  his  horse,  and  escaped,  though  in 
stantly  pursued.  Lee,  complaining  of  the  inter 
ruption,  and  pretending  to  be  extremely  fatigued 
by  his  ride  to  and  from  head-quarters,  answered 
as  if  he  did  not  understand  what  had  been  said, 
which  compelled  the  captain  to  repeat  it.  "  Who 
can  the  fellow  that  was  pursued  be  ?"  inquired 
the  major,  adding,  "a  countryman,  probably." 
"No,"  replied  the  captain;  "the  patrol  suffici 
ently  distinguished  him,  to  know  that  he  was  a 
dragoon  ;  probably  one  from  the  army,  if  not  cer 
tainly  one  of  our  own."  This  idea  was  ridiculed, 
from  its  improbability,  as,  during  the  whole  war 
but  a  single  dragoon  had  deserted  from  the  legion. 
This  did  not  convince  Carnes,  so  much  stress  was 
it  now  the  fashion  to  lay  on  the  desertion  of  Ar 
nold,  and  the  probable  effect  of  his  example.  The 
captain  withdrew  to  examine  the  squadron  of 
horse,  whom  he  had  ordered  to  assemble  in  pur 
suance  of  established  usage  on  similar  occasions. 
Very  quickly  he  returned,  stating  that  the  scoun 
drel  was  known,  and  was  no  less  a  person  than 
the  serjeant-major,  who  was  gone  off  w4th  his 
horse,  baggage,  arms,  and  orderly-book — so  pre 
sumed,  as  neither  the  one  nor  the  other  could  be 
found.  Sensibly  affected  at  the  supposed  base 
ness  of  a  soldier  extremely  respected,  the  captain 
added,  that  he  had  ordered  a  party  to  make  ready 
for  pursuit,  and  begged  the  major's  written  orders. 


Occasionally  this  discourse  was  interrupted, 
and  every  idea  suggested,  which  the  excellent 
character  of  the  sergeant  warranted,  to  induce  the 
suspicion,  that  he  had  not  deserted,  but  had  taken 
the  liberty  to  leave  the  camp,  with  a  view  to  per 
sonal  pleasure ;  an  example,  said  Lee,  too  often 
set  by  the  officers  themselves,  destructive,  as  it 
was,  of  discipline,  opposed,  as  it  was,  to  orders, 
and  disastrous,  as  it  might  prove,  to  the  corps,  in 
the  course  of  service. 

Some  little  delay  was  thus  interposed ;  but  it 
being  now  announced,  that  the  pursuing  party  was 
ready,  Major  Lee  directed  a  change  in  the  officer, 
saying,  that  he  had  a  particular  service  in  view, 
which  he  had  determined  to  intrust  to  the  lieuten 
ant  ready  for  duty,  and  which  probably  must 
be  performed  in  the  morning.  lie  therefore 
directed  him  to  summon  Cornet  Middleton  for  the 
present  command.  Lee  was  induced  thus  to  act, 
first,  to  add  to  the  delay,  and  next,  from  his  knowl 
edge  of  the  tenderness  of  Middleton's  disposition, 
which  he  hoped  would  lead  to  the  protection  of 
Champe,  should  he  be  taken.  Within  ten  min 
utes,  Middleton  appeared  to  receive  his  orders, 
which  were  delivered  to  him,  made  out  in  the  cus 
tomary  form,  and  signed  by  the  major.  "  Pursue, 
so  far  as  you  can  with  safety,  Sergeant  Champe, 
who  is  suspected  of  deserting  to  the  enemy,  and 
has  taken  the  road  leading  to  Paulus  Hook. 
Bring  him  alive  that  he  may  suffer  in  the  pres 
ence  of  the  army ;  but  kill  him,  if  he  resists,  or 
escapes  after  being  taken." 

Detaining  the  cornet  a  few  minutes  longer  in 
advising  him  what  course  to  pursue  ;  urging  him 
to  take  care  of  the  horse  and  accoutrements,  if 
recovered,  and  enjoining  him  to  be  on  his  guard, 
lest  he  might,  by  his  eager  pursuit,  improvidently 
fall  into  the  hands  of  the  enemy ;  the  major  dis 
missed  Middleton,  wishing  him  success.  A  shower 
of  rain  fell  soon  after  Champe's  departure,  which 
enabled  the  pursuing  dragoons  to  take  the  trail 
of  his  horse ;  knowing,  as  officer  and  trooper  did, 
the  make  of  their  shoes,  whose  impression  was  an 
unerring  guide.* 

When  Middleton  departed,  it  was  a  few  min- 


*  The  horses  being  all  shod  by  our  own  farriers,  the  shoes  were 
made  In  the  same  form;  which,  with  a  private  mark  annexed  to 
the  fore  shoes,  and  known  to  the  troopers,  pointed  out  the  trail  of 
our  dragoons  to  each  other,  which  was  often  very  useful. 


104 


APPENDIX  TO   CHAPTER  VII. 


[BK.  III. 


utes  past  twelve,  so  that  Champe  had  only  the 
start  of  rather  more  than  an  hour  ;  by  no  means 
so  long  as  was  desired.  Lee  became  very  un 
happy,  not  only  because  the  estimable  and  gallant 
Champe  might  be  injured,  but  lest  the  enterprise 
might  be  delayed ;  and  he  spent  a  sleepless  night. 
The  pursuing  party,  during  the  night,  was,  on 
their  part,  delayed  by  the  necessary  halts,  to  ex 
amine  occasionally  the  road,  as  the  impression  of 
the  horse's  shoes  directed  their  course ;  this  was 
unfortunately  too  evident,  no  other  horse  having 
passed  along  the  road  since  the  shower.  When 
the  day  broke,  Middleton  was  no  longer  forced  to 
halt,  and  he  passed  on  with  rapidity.  Ascending 
an  eminence,  before  he  reached  the  Three  Pige 
ons,  some  miles  on  the  north  of  the  village  of  Ber 
gen,  as  the  pursuing  party  reached  its  summit, 
Champe  was  descried  not  more  than  half  a  mile 
in  front.  Resembling  an  Indian  in  his  vigilance, 
the  sergeant,  at  the  same  moment,  discovered  the 
party,  to  whose  object  he  was  no  stranger,  and, 
giving  spur  to  his  horse,  he  determined  to  outstrip 
his  pursuers.  Middleton,  at  the  same  instant,  put 
his  horses  to  the  top  of  their  speed  ;  and  being,  as 
the  legion  all  were,  well  acquainted  with  the  coun 
try,  he  recollected  a  short  route  through  the 
woods,  to  the  bridge  below  Bei'gcn,  which  di 
verged  from  the  great  road,  just  after  you  gain 
the  Three  Pigeons.  Reaching  the  point  of  sepa 
ration,  he  halted,  and  dividing  his  party,  directed 
a  sergeant,  with  a  few  dragoons,  to  take  the  near 
cut,  and  possess,  with  all  possible  dispatch,  the 
bridge,  while  he,  with  the  residue,  followed 
Champe;  not  doubting  but  that  Champe  must 
deliver  himself  up,  as  he  would  be  enclosed  be 
tween  himself  and  his  sergeant.  Champe  did  not 
forget  the  short  cut,  and  would  have  taken  it  him 
self,  but  he  knew  it  was  the  usual  route  of  our 
parties,  when  returning  in  the  day  from  the  neigh 
borhood  of  the  enemy,  properly  preferring  the 
woods  to  the  road.  He  consequently  avoided  it ; 
and,  persuaded  that  Middleton  would  avail  him 
self  of  it,  wisely  resolved  to  relinquish  his  inten 
tion  of  getting  to  Paulus  Hook,  and  to  seek 
refuge  from  two  British  galleys,  lying  a  few  miles 
to  the  west  of  Bergen. 

This  was  a  station  always  occupied  by  one  or 
two  galleys,  and  which  it  was  known  now  lay 
there.  Entering  the  village  of  Bergen,  Champe 
turned  to  his  right,  and  disguising  his  change  of 


course  as  much  as  he  could,  by  taking  the  beaten 
streets,  turning  as  they  turned,  he  passed  through 
the  village,  and  took  the  road  towards  Elizabeth- 
town  Point.      Middleton's    sergeant   gained  the 
bridge,    where   he  concealed   himself,  ready   to 
pounce  on  Champe,  when  he  came  up ;  and,  Mid 
dleton,  pursuing  his  course  through  Bergen,  soon 
got  also  to  the  bridge,  when,  to  his  extreme  mor 
tification,  he  found  that  the  sergeant  had  slipped 
through  his  fingers.      Returning  up  the  road,  he 
inquired  of  the  villagers  of  Bergen,  whether  a 
dragoon  had  been  seen  that  morning  preceding  his 
party.      He  was  answered  in  the  affirmative,  but 
could  learn  nothing  satisfactory  as  to  the  route  he 
had  taken.      While  engaged  in  inquiries  himself, 
he  spread  his  party  through  the  village,  to  strike 
the  trail  of  Champe's  horse,  a  resort  always  re 
curred  to.     Some  of  his  dragoons  hit  it,  just  as 
the  sergeant,  leaving  the  village,  got  in  the  road 
to  the  point.     Pursuit  was  renewed  with  vigor, 
and  again  Champe  was  descried.     He  apprehend 
ing  the  event,  had  prepared  himself  for  it,  by  lash 
ing  his  valise,  containing  his  clothes  and  orderly- 
book,  on  his  shoulders,  and   holding  his  drawn 
sword  in  his  hand,  having  thrown  away  its  scab 
bard.     This  he  did,  to  save  what  was  indispen 
sable  to  him,  and  to  prevent  any  interruption  to 
his  swimming,  from  the  scabbard,  should  Middle- 
ton,  as  he  presumed,  when  disappointed  at  the 
bridge,  take  the  measures  adopted  by  him.     The 
pursuit  was  rapid  and  close,  as  the  stop  occasioned 
by  the  sergeant's  preparations  for  swimming,  had 
brought  Middleton  within  two  or  three  hundred 
yards.     As  soon  as  Champe  got  abreast  of  the 
galleys,  he  dismounted,  and  running  through  the 
marsh  to  the  river,  plunged  into  it,  calling  on  the 
galleys  for  help.     This  was  readily  given;  they 
fired   on   our    horse,  and   sent   a  boat  to  meet 
Champe,  who  was  taken  in,  and  carried  on  board, 
and  conveyed  to  New  York,  with  a  letter  from 
the  captain  of  the  galley,  stating  the  past  scene, 
all  of  which  he  had  seen. 

The  horse,  with  his  equipments,  the  sergeant's 
cloak,  and  sword  scabbard,  were  recovered ;  the 
sword  itself,  being  held  by  Champe,  till  he  plunged 
into  the  river,  was  lost,  as  Middleton  found  it 
necessary  to  retire,  without  searching  for  it. 

About  three  o'clock  in  the  evening,  our  party 
returned ;  and  the  soldiers,  seeing  the  horse,  well 
known  to  them,  in  our  possession,  made  the  air  re- 


CH.  VII.] 


SERGEANT  CIIAMPE'S  ADVENTURES. 


105 


sound  with  exclamations,  that  the  scoundrel  was 
killed. 

Major  Lee,  called  by  this  heart-rending  annun 
ciation,  from  his  tent,  saw  the  sergeant's  horse  led 
by  one  of  Middleton's  dragoons,  and  began  to  re 
proach  himself  with  the  blood  of  the  highly-prized, 
faithful,  and  intrepid  Champe.  Stifling  his  agony, 
he  advanced  to  meet  Middleton,  and  became  some 
what  relieved,  as  soon  as  he  got  near  enough  to 
discern  the  countenance  of  his  officer  and  party. 
There  was  evidence  in  their  looks  of  disappoint 
ment,  and  he  was  quickly  relieved,  by  Middleton's 
information,  that  the  sergeant  had  effected  his  es 
cape,  with  the  loss  of  his  horse,  and  narrated  the 
particulars  just  recited. 

Lee's  joy  was  now  as  full  as,  the  moment  be 
fore,  his  torture  had  been  excruciating.  Never 
was  a  happier  conclusion.  The  sergeant  escaped 
unhurt,  carrying  with  him  to  the  enemy,  unde 
niable  testimony  of  the  sincerity  of  his  desertion ; 
cancelling  every  apprehension  before  entertained, 
lest  the  enemy  might  suspect  him  of  being  what 
he  really  was. 

Major  Lee  imparted  to  the  commander-in-chief 
the  occurrence,  who  was  sensibly  affected  by  the 
hair-breadth  escape  of  Champe,  and  anticipated 
with  pleasure,  the  good  effect  sure  to  follow  the 
enemy's  knowledge  of  its  manner. 

On  the  fourth  day  after  Champe's  departure, 
Lee  received  a  letter  from  him,  written  the  day 
before,  in  a  disguised  hand,  without  any  signature, 
and  stating  what  had  passed,  after  he  got  on 
board  the  galley,  where  he  was  kindly  received. 

He  was  carried  to  the  commandant  of  New 
York  as  soon  as  he  arrived,  and  presented  the  let 
ter  addressed  to  this  officer  from  the  captain  of 
the  galley.  Being  asked  to  what  corps  he  be 
longed,  and  a  few  other  common  questions,  he  was 
sent,  ander  care  of  an  orderly-sergeant,  to  the  ad 
jutant-general,  who,  finding  that  he  was  sergeant- 
major  of  the  legion  of  horse,  heretofore  remark 
able  for  their  fidelity,  he  began  to  interrogate  him. 
He  was  told  by  Champe,  that  such  was  the  spirit 
of  defection  which  prevailed  among  the  American 
troops,  in  consequence  of  Arnold's  example,  that, 
he  had  no  doubt,  if  the  temper  was  properly  cher 
ished,  Washington's  ranks  would  not  only  be 
greatly  thinned,  but  that  some  of  his  best  corps 
would  leave  him.  To  this  conclusion,  the  sergeant 
said,  he  was  led  by  his  own  observations,  and  es 


pecially  by  his  knowledge  of  the  discontents  which 
agitated  the  corps  to  which  he  had  belonged. 
His  size,  place  of  birth,  his  form,  countenance, 
color  of  his  hair,  the  corps  in  which  he  had  served, 
with  other  remarks  in  conformity  to  the  British 
usage,  were  noted  in  a  large  folio  book.  After 
this  was  finished,  he  was  sent  to  the  commander- 
in-chief,  in  charge  of  one  of  the  staff,  with  a  letter 
from  the  adjutant-general.  Sir  Henry  Clinton 
treated  him  very  kindly,  and  detained  him  more 
than  an  hour,  asking  him  many  questions,  all  lead 
ing — first,  to  know  to  what  extent  this  spirit  of 
defection  might  be  pushed  by  proper  incitements ; 
what  were  the  most  operating  incitements ; 
whether  any  general  officers  were  suspected  by 
Washington,  as  concerned  in  Arnold's  conspiracy, 
or  any  other  officers  of  note ;  who  they  were,  and 
whether  the  troops  approved  or  censured  Wash 
ington's  suspicions ;  whether  his  popularity  in  the 
army  was  sinking,  or  continued-  stationary ;  what 
was  Major  Andre's  situation ;  whether  any  change 
had  taken  place  in  the  manner  of  his  confinement ; 
what  was  the  current  opinion  of  his  probable- fate, 
and  whether  it  was  thought  Washington  would 
treat  him  as  a  spy.  To  these  various  interroga 
tions,  some  of  which  were  perplexing,  Champe 
answered  warily ;  exciting,  nevertheless,  hopes 
that  the  adoption  of  proper  measures  to  encourage 
desertion,  of  which  he  could  not  pretend  to  form 
an  opinion,  would  certainly  bring  off  hundreds  of 
the  American  soldiers,  including  some  of  the  best 
troops,  horse  as  Avell  as  foot.  Respecting  the 
fate  of  Andre,  he  said  he  was  ignorant,  though 
there  appeared  to  be  a  general  wish  in  the  army 
that  his  life  should  not  be  taken  ;  and  that  he  be 
lieved,  it  would  depend  more  on  the  disposition 
of  Congress,  than  on  the  will  of  Washington. 

After  this  long  conversation  ended,  Sir  Henry 
presented  Champe  with  a  couple  of  guineas,  and 
recommended  him  to  wait  on  General  Arnold, 
who  was  engaged  in  raising  an  American  legion 
in  the  service  of  his  majesty.  He  directed  one  of 
his  aids  to  write  to  Arnold  by  Champe,  stating 
who  he  was,  and  what  he  had  said  about  the  dis 
position  in  the  army  to  follow  his  example,  which 
was  very  soon  done ;  it  was  given  to  the  orderly 
attending  on  Champe,  to  be  presented,  with  the 
deserter,  to  General  Arnold.  Arnold  expressed 
much  satisfaction  on  hearing  from  Champe,  the 
manner  of  his  escape,  and  the  effect  of  Arnold's 


106 


APPENDIX  TO   CHAPTER  VII. 


[BK.  III. 


example  ;  and  concluded  his  numerous  inquiries, 
by  assigning  quarters  to  the  sergeant  ;  the  same 
as  were  occupied  by  his  recruiting-sergeants. 

He  also  proposed  to  Champe  to  join  his  legion, 
telling  him  he  could  give  to  him  the  same  station 
he  had  held  in  the  rebel  service,  and  promising 
further  advancement  when  merited.  Expressing 
his  wish  to  retire  from  war,  and  his  conviction 
of  the  certainty  of  his  being  hung  if  ever  taken 
by  the  rebels,  he  begged  to  be  excused  from  en 
listment  ;  assuring  the  general  that,  should  he 
change  his  mind,  he  would  certainly  accept  his 
offer.  Retiring  to  the  assigned  quarters,  Champe 
now  turned  his  attention  to  the  delivery  of  his 
letters,  which  he  could  not  effect  till  the  next 
night,  and  then  only  to  one  of  the  two  incog  niti 
to  whom  he  was  recommended.  This  man  re 
ceived  the  sergeant  with  extreme  attention,  and, 
having  read  the  letter,  assured  Champe  that  he 
might  rely  on  his  faithful  co-operation  in  doing 
every  thing  in  his  power  consistently  with  his 
safety,  to  guard  which  required  the  utmost  pru 
dence  and  circumspection.  The  sole  object  in 
which  the  aid  of  this  individual  was  required,  re 
garded  the  general  and  others  of  our  army,  im 
plicated  in  the  information  sent  to  Washington 
by  .him.  To  this  object  Champe  urged  his  atten 
tion,  assuring  him  of  the  solicitude  it  had  excited, 
and  telling  him  that  its  speedy  investigation  had 
induced  the  general  to  send  him  into  New  York. 
Promising  to  enter  on  it  with  zeal,  and  engaging 
to  send  out  Champe's  letters  to  Major  Lee,  he 
fixed  the  time  and  place  for  their  next  meeting, 
when  they  separated. 

Lee  made  known  to  the  general  what  had  been 
transmitted  to  him  by  Champe,  and  received  in 
answer  directions  to  press  Champe  to  the  expe 
ditious  conclusion  of  his  mission,  as  the  fate  of 
Andre  would  be  soon  decided,  when  little  or  no 
delay  could  be  admitted  in  executing  whatever 
sentence  the  court  might  decree.  The  same  mes 
senger  who  brought  Champe's  letter,  returned 
with  the  ordered  communication.  Five  days  had 
nearly  elapsed  after  reaching  New  York,  before 
Champe  saw  the  confidant  to  whom  only  the  at 
tempt  against  Arnold  was  to  be  intrusted.  This 
person  entered  with  promptitude  into  the  design, 
promising  his  cordial  assistance.  To  procure  a 
proper  associate  to  Champe  was  the  first  object, 
and  '.his  he  promised  to  do  with  all  possible  dis 


patch.  Furnishing  a  conveyance  to  Lee,  he  again 
heard  from  Champe,  who  stated  what  I  have  re 
lated,  with  the  additional  intelligence  that  he  had 
that  morning,  the  last  of  September,  been  ap 
pointed  one  of  Arnold's  recruiting-sergeants, 
having  enlisted  the  day  before  with  Arnold  ;  and 
that  he  was  induced  to  take  this  afflicting  step, 
for  the  purpose  of  securing  uninterrupted  ingress 
and  egress  to  the  house  which  the  general  occu 
pied,  it  being  indispensable  to  a  speedy  conclusion 
of  the  difficult  enterprise  which  the  information 
he  had  just  received  had  so  forcibly  urged.  He 
added,  that  the  difficulties  in  his  way  were  nu 
merous  and  stubborn,  and  that  his  prospect  of 
success  was  by  no  means  cheering.  With  respect 
to  the  additional  treason,  he  asserted  that  he  had 
every  reason  to  believe  that  it  was  groundless  ; 
that  the  report  took  its  rise  in  the  enemy's  camp, 
and  that  he  hoped  soon  to  clear  up  this  matter 
satisfactorily.  The  pleasure  which  the  first  part 
of  this  communication  afforded  was  damped  by 
the  tidings  it  imparted  respecting  Arnold,  as  on 
his  speedy  delivery  depended  Andre's  relief.  The 
interposition  of  Sir  Henry  Clinton,  who  was  ex 
tremely  anxious  to  save  his  much  beloved  aid-de 
camp,  still  continued  ;  and  it  was  expected  the 
examination  of  witnesses  and  the  defence  of  the 
prisoner  would  protract  the  decision  of  the  court 
of  inquiry,  now  assembled,  and  give  sufficient  time 
for  the  consummation  of  the  project  committed  to 
Champe.  A  complete  disappointment  took  place 
from  a  quarter  unforeseen  and  unexpected.  The 
honorable  and  accomplished  Andre,  knowing  his 
guilt,  disdained  defence,  and  prevented  the  exam 
ination  of  witnesses,  by  confessing  the  character 
in  which  he  "stood.  On  the  next  day,  the  2d  of 
October,  the  court  again  assembled,  when  every 
doubt  that  could  possibly  arise  in  the  case  having 
been  removed  by  the  previous  confession,  Andre 
was  declared  to  be  a  spy,  and  condemned  to  suf 
fer  accordingly. 

The  sentence  was  executed  on  the  subsequent 
day  in  the  usual  form,  the  commander-in-chief 
deeming  it  improper  to  interpose  any  delay.  In 
this  decision  he  was  warranted  by  the  very  un 
promising  intelligence  received  from  Champe — by 
the  still  existing  implication  of  other  officers  in 
Arnold's  conspiracy — by  a  due  regard  to  public 
opinion — and  by  real  tenderness  to  the  con 
demned. 


Cri.  VII.l 


SERGEANT  CIIAMPE'S   ADVENTURES. 


107 


Neither  Congress  nor  the  nation  could  have 
been  with  propriety  informed  of  the  cause  of  the 
delay,  and  without  such  information  it  must  have 
excited  in  both  alarm  and  suspicion.  Andre 
himself  could  not  have  been  intrusted  with  the 
secret,  and  would  consequently  have  attributed 
the  unlooked-for  event  to  the  expostulation  and 
exertion  of  Sir  Henry  Clinton,  which  would  not 
fail  to  produce  in  his  breast  expectations  of  ulti 
mate  relief;  to  excite  which  would  have  been 
cruel,  as  the  realization  of  such  expectations  de 
pended  only  on  a  possible  but  improbable  contin 
gency.  The  fate  of  Andre,  hastened  by  himself, 
deprived  the  enterprise  committed  to  Champe  of 
a  feature  which  had  been  highly  prized  by  its 
projector,  and  which  had  very  much  engaged  the 
heart  of  the  individual  chosen  to  execute  it. 

Washington  ordered  Major  Lee  to  communi 
cate  what  had  passed  to  the  sergeant,  with  direc 
tions  to  encourage  him  to  prosecute  with  unrc- 
laxed  vigor  the  remaining  objects  of  his  instruc 
tions,  but  to  intermit  haste  in  the  execution  only 
so  far  as  was  compatible  with  final  success. 

This  was  accordingly  done,  by  the  first  oppor 
tunity,  in  the  manner  directed.  Champe  deplored 
the  sad  necessity  which  occurred,  and  candidly 
confessed  that  the  hope  of  enabling  Washington 
to  save  the  life  of  Andre,  who  had  been  the  sub 
ject  of  universal  commiseration  in  the  American 
camp,  greatly  contributed  to  remove  the  serious 
difficulties  which  opposed  his  acceding  to  the 
proposition  when  first  propounded.  Some  docu 
ments  accompanied  this  communication,  tending 
to  prove  the  innocence  of  the  accused  general ; 
they  were  completely  satisfactory,  and  did  credit 
to  the  discrimination,  zeal  and  diligence  of  the 
sergeant.  Lee  inclosed  them  immediately  to  the 
commander-in-chief,  who  was  pleased  to  express 
the  satisfaction  he  derived  from  the  information, 
and  to  order  the  major  to  wait  on  him  the  next 
day ;  when  the  whole  subject  was  re-examined, 
and  the  distrust  heretofore  entertained  of  the 
accused  was  forever  dismissed.  Nothing  now 
remained  to  be  done  but  the  seizure  and  safe  de 
livery  of  Arnold.  To  this  object  Champe  gave 
his  undivided  attention  ;  and  on  the  19th  of  Octo 
ber,  Major  Lee  received  from  him  a  very  particu 
lar  account  of  the  progress  he  had  made,  with  the 
outlines  of  his  plan.  This  was  without  delay  sub 
mitted  to  Washington ;  with  a  request  for  a  few 


additional  guineas.  The  general's  letter,  written 
on  the  same  day,  20th  of  October,  evinces  his  at 
tention  to  the  minutiai  of  business,  as  well  as  his 
immutable  determination  to  possess  Arnold  alive, 
or  not  at  all.  This  was  his  original  injunction, 
which  he  never  omitted  to  enforce  on  every  proper 
occasion. 

Major  Lee  had  an  opportunity,  in  the  course  of 
the  week,  of  writing  to  Champe,  when  he  told 
him,  that  the  rewards  which  he  had  promised  to 
his  associates,  would  be  certainly  paid  on  the  de 
livery  of  Arnold;  and,  in  the  mean  time,  small 
sums  of  money  would  be  furnished  for  casual  ex 
penses,  it  being  deemed  improper  that  he  should 
appear  with  much,  lest  it  might  lead  to  suspicion 
and  detection.  That  five  guineas  were  now  sent, 
and  that  more  would  follow,  when  absolutely 
necessary. 

Ten  days  elapsed  before  Champe  brought  his 
measures  to  conclusion,  when  Lee  received  from 
him  his  final  communication,  appointing  the  third 
subsequent  night  for  a  party  of  dragoons  to  meet 
him  at  Hoboken,  when  he  hoped  to  deliver  Ar 
nold  to  the  officer.  Champe  had,  from  his  enlist 
ment  into  the  American  legion,  (Arnold's  corps,) 
every  opportunity  he  could  wish  to  attend  to  the 
habits  of  the  general.  He  discovered,  that  it  was 
his  custom,  to  return  home  about  twelve  every 
night,  and  that  previous  to  going  to  bed,  he  al 
ways  visited  the  garden.  During  this  visit,  the 
conspirators  were  to  seize  him,  and,  being  pre 
pared  with  a  gag,  intended  to  have  applied  the 
same  instantly. 

Adjoining  the  house  in  which  Arnold  resided, 
and  in  which  it  was  designed  to  seize  and  gag 
him,  Champe  had  taken  off  several  of  the  palings, 
and  replaced  them,  so  that  with  care,  and  with 
out  noise,  he  could  readily  open  his  way  to  the 
adjoining  alley.  Into  this  alley,  he  meant  to  have 
conveyed  his  prisoner,  aided  by  his  companion, 
one  of  two  associates,  who  had  been  introduced 
by  the  friend,  to  whom  Champe  had  been  origi 
nally  made  known  by  letter  from  the  commandcr- 
in-chief,  and  with  whose  aid  and  counsel,  he  had 
so  far  conducted  the  enterprise.  His  other  asso 
ciate,  was,  with  the  boat  prepared,  at  one  of  the 
wharves,  on  the  Hudson  river,  to  receive  the 
party. 

Champe,  and  his  friend,  intended  to  have 
placed  themselves  each  under  Arnold's  shoulder, 


108 


APPENDIX  TO   CHAPTER  VII. 


[Bic.  III. 


and  to  have  thus  borne  him  through  the  most  un 
frequented  alleys  and  streets  to  the  boat ;  repre 
senting  Arnold,  in  case  of  being  questioned,  as  a 
drunken  soldier,  whom  they  were  conveying  to 
the  guard-house. 

When  arrived  at  the  boat,  the  difficulties  would 
be  all  surmounted,  there  being  no  danger,  nor 
obstacle,  in  passing  to  the  Jersey  shore.  These 
particulars,  so  soon  as  known  to  Lee,  were  com 
municated  to  the  commander-in-chief,  who  was 
highly  gratified  with  the  most-desired  intelligence. 
He  directed  Major  Lee  to  meet  Champe,  and  to 
take  care  that  Arnold  should  not  be  hurt.  The 
day  arrived,  and  Lee,  with  a  party  of  dragoons, 
left  camp  late  in  the  evening,  with  three  led  ac 
coutred  horses ;  one  for  Arnold,  one  for  the  ser 
geant,  and  the  third  for  his  associate,  never 
doubting  the  success  of  the  enterprise,  from  the 
tenor  of  the  last>received  communications.  The 
party  reached  Hoboken  about  midnight,  where 
they  were  concealed  in  the  adjoining  wood — Lee, 
with  three  dragoons,  stationing  himself  near  the 
river  shore.  Hour  after  hour  passed — no  boat 
approached.  At  length  the  day  broke,  and  the 
major  retired  to  his  party,  and,  with  his  led  horses, 
returned  to  camp,  when  he  proceeded  to  head 
quarters,  to  inform  the  general  of  the  much  la 
mented  disappointment,  as  mortifying  as  inex 
plicable.  Washington  having  perused  Champe's 
plan  and  communication,  had  indulged  the  pre 
sumption,  that  at  length  the  object  of  his  keen 
and  constant  pursuit,  was  sure  of  execution,  and 
did  not  dissemble  the  joy  such  conviction  pro 
duced.  He  was  chagrined  at  the  issue,  and  ap 
prehended  that  his  faithful  sergeant  must  have 
been  detected  in  the  last  scene  of  his  tedious  and 
difficult  enterprise. 

In  a  few  days,  Lee  received  an  anonymous  let 
ter  from  Champe's  patron  and  friend,  informing 
him,  that  on  the  day  preceding  the  night  fixed  for 
the  execution  of  the  plot,  Arnold  had  removed 
his  quarters  to  another  part  of  the  town,  to  su 
perintend  the  embarkation  of  troops,  preparing, 
as  was  rumored,  for  an  expedition  to  be  directed 
by  himself;  and  that  the  American  legion,  con 


sisting  chiefly  of  American  deserters,  had  been 
transferred  from  their  barracks  to  one  of  the 
transports  ;  it  being  apprehended,  that  if  left  on 
shore,  till  the  expedition  was  ready,  many  of  them 
might  desert.  Thus  it  happened,  that  John 
Champe,  instead  of  crossing  the  Hudson  that 
night,  was  safely  deposited  on  board  one  of  the 
fleet  of  transports,  whence  he  never  departed,  till 
the  troops  under  Arnold,  landed  in  Virginia  !  nor 
was  he  able  to  escape  from  the  British  army,  till 
after  the  junction  of  Lord  Cornwallis,  at  Peters 
burg,  when  he  deserted,  and  proceeding  high  up 
into  Virginia,  he  passed  into  North  Carolina, 
near  the  Sama  towns,  and,  keeping  in  the  friendly 
districts  of  that  state,  safely  joined  the  army  soon 
after  it  had  passed  the  Congaree,  in  pursuit  of 
Lord  Kawdon. 

His  appearance  excited  extreme  surprise  among 
his  former  comrades,  which  was  not  a  little  in 
creased  when  they  saw  the  cordial  reception  he 
met  with  from  the  late  Major,  now  Lieutenant- 
Colonel  Lee.  His  whole  story  soon  became  known 
to  the  corps,  which  reproduced  the  love  and  re 
spect  of  both  officer  and  soldier,  heretofore  inva 
riably  entertained  for  the  sergeant,  heightened  by 
universal  admiration  of  his  late  daring  and  ar 
duous  attempt. 

Champe  was  introduced  to  General  Greene, 
who  very  cheerfully  complied  with  the  promises 
made  by  the  commander-in-chief,  so  far  as  in  his 
power ;  and  having  provided  the  sergeant  with  a 
good  horse  and  money  for  his  journey,  sent  him 
to  General  Washington,  who  munificently  antici 
pated  every  desire  of  the  sergeant,  and  presented 
him  with  his  discharge  from  further  service,*  lest 
he  might  in"  the  vicissitudes  of  war  fall  into  the 
enemy's  hands ;  when,  if  recognized,  he  was  sure 
to  die  on  the  gibbet. 


*  When  General  Washington  was  called  by  President  Adams  to 
the  command  of  the  army  prepared  to  defend  the  country  from 
French  hostility,  he  sent  to  Lieutenant-Colonel  Lee,  to  Inquire  for 
Champe;  being  determined  to  bring  him  into  the  field  at  the  head 
of  a  company  of  infantry.  Lee  sent  to  Loudon  county,  where 
Champe  settled  after  his  discharge  from  the  army ;  when  he  learned 
that  the  gallant  soldier  removed  to  Kentucky,  where  he  soon  after 
died. 


CH.  VI III.] 


THE  ARMED   NEUTRALITY. 


109 


CHAPTER    VIII. 

1781. 

THE      DECISIVE      YEAR      OF     THE      WAR. 

The  Armed  neutrality  —  War  declared  by  England  against  Holland  —  Contest  of  European  powers  —  Depressed 
condition  of  affairs — Robert  Morris  —  Foreign  loans  —  Mutiny  of  the  Pennsylvania  line  —  Followed  by  similar 
conduct  Joy  New  Jersey  troops  —  Punishment  inflicted  —  Arnold  in  Virginia  —  Plan  to  take  him  —  Phillips  joins 
Arnold  —  Lafayette  in  command  —  Greene  in  Carolina  —  His  policy  —  Morgan's  detached  force  —  Battle  of  the 
Cowpens  —  Brilliant  victory  —  Morgan's  retreat  —  Anecdote  —  Greene  takes  command  —  His  celebrated  retreat 

—  Battle  of  Guildford  Court  House  —  Greene  in  pursuit  of  Cornwallis  —  Cornwallis  proceeds  to  Virginia  —  Leaves 
Rawdon  in  command  —  Battle  of  Ilobkirk's  Hill  —  Success  of  Americans  against  the  British  posts — Rawdon 
retires  to  Monk's  Corner  —  Operations  in  Georgia,  under  Pickers  and  Lee  —  Greene  marches  against  Ninety -Six 

—  Rawdon   compels   him   to   retire  —  Rawdon's   cruelty   to   Ilayne  —  The   summer  heat  —  Battle  of  Eutaw 
Springs  —  Virtual  close  of  the  war  in  South  Carolina  —  Cornwallis  in  Virginia  —  Lafayette  in  command  of  tho 
American   troops  —  Movements   of  Cornwallis — Activity   of  Lafayette  —  Cornwallis   entrenches  himself  at 
Yorktown  —  The  French  fleet  —  Washington  plans  an  attack  upon  New  York  —  Clinton's  grand  blunder  — 
Washington's  letter  —  Cornwallis  besieged  —  Arnold's  plundering  expedition  in  Connecticut  —  Progress  of  the 
siege  of  Yorktown  —  Cornwallis  surrenders  —  Exultation  of  the  Americans  —  Lafayette  returns  to  France  — 
Laurens  released  from  the  Tower. 


IT  was  not  probably  expected,  that 
tlie  war  with  the  United  States  would 
be  the  precursor  of  additional  evils  to 
England  ;  but  so  it  was ;  and  the  con 
test  extended  itself  so  widely,  that  it 
raged  in  the  West  Indies,  at  the  rock 
of  Gibraltar,  and  even  on  the  banks  of 
the  Ganges.  The  vast  naval  power  of 
England  had  rendered  her  haughty 
and  overbearing,  and  she  not  only  as 
sumed,  but  exercised  with  rigorous 
severity,  the  right  to  search  all  vessels, 
and  seize  the  property  of  an  enemy, 
wherever  found  at  sea.  The  ships  of 
neutral  powers,  having  such  property 
on  board,  were  captured,  in  accordance 
with  this  pretended  right ;  the  cargo 
was  confiscated ;  and  the  vessels  were 
restored  to  the  owners.  The  Dutch, 
and  other  neutral  powers,  desirous  of 
profiting  by  the  carrying  trade,  were 

You   II.— 14 


greatly  vexed  at  the  interference  with 
their  commerce  by  English  ships  of 
war.  The  Dutch  conveyed  ship  tim 
ber,  and  various  military  stores,  into 
the  ports  of  France.  England  remon 
strated,  threatened  and  then  forcibly 
interfered,  by  attacking  a  convoy  bound 
for  the  Mediterranean.  This  insult  pro 
voked  the  Dutch  extremely,  and  Hol 
land  soon  after  became  involved  in  the 
war  with  England. 

The  confederacy,  known  as  the  Arm 
ed  Neutrality,  grew  out  of  the  determi 
nation  of  the  northern  powers  to  rid 
themselves  of  the  insolent  claims  of 
England  in  regard  to  the  "right  of 
search."  Catharine  II.,  of  Russia,  was 
at  its  head,  and  Sweden  and  Denmark 
immediately  joined  it.  The  claims  of 
this  confederacy  were,  that  free  ships 
make  free  goods.  It  was  resolved,  that 


110 


THE  DECISIVE  YEAR  OF  THE  WAR. 


[BK.  III. 


1780. 


neutral  ships  should  enjoy  a  free  navi 
gation,  even  from  port  to  port,  and  on 
the  coasts  of  the  belligerent  powers; 
that  all  effects  belonging  to  the  subjects 
of  the  said  belligerent  powers,  should 
be  looked  upon  as  free  on  board  such 
neutral  ships,  except  only  such  goods 
as  were  stipulated  to  be  contraband ; 
and  that  no  port  should  be  considered 
under  blockade,  unless  there  should  be 
a  sufficient  force  before  it  to  render  the 
blockade  effectual.  The  other  Euro 
pean  powers  were  invited  to  join  this 
confederacy.  France  and  Spain  agreed 
to  do  so  at  once ;  Portugal  hesitated, 
and  declined ;  and  the  United  Prov 
inces  delayed  for  a  time,  their  answer. 
Meanwhile,  Henry  Laurens,  having 
been  taken  prisoner  on  his  way  to 
Holland  to  solicit  a  loan  for 
the  United  States,  and  his  pa 
pers  having  made  the  British  ministry 
acquainted  with  the  fact,  that  over 
tures  for  a  treaty  between  Holland 
and  America,  were  under  consideration, 
England,  at  the  close  of  1*780,  resolved 
upon  a  war  with  the  States  General. 
Thus,  England,  by  this  step,  without 
friend  or  allies,  prepared  to  wage,  single 
handed,  the  contest  with  enemies  in 
every  quarter  of  the  globe.  . 
•  Our  limits  do  not  admit,  nor  is  it 
necessary  that  we  should  enter  into  the 
details  of  the  mighty  struggle  between 
the  contending  powers.  Their  opera 
tions  were  of  astonishing  magnitude, 
and  victory  rested,  now  on  one,  now  on 
the  other  side.  Great  naval  battles 
were  fought  with  varied  success.  The 
allies  and  the  English,  alternately  the 
conquerors  and  the  conquered,  took 
each  from  the  other,  large  fleets  of 


merchantmen ;    although  the    English 

'  O  O 

were,  in  general,  the  most  successful. 
Several  of  the  West  India  Islands 
changed  masters  during  the  war.  Pen- 
sacola  was  taken  by  the  Spaniards,  who 
thence  extended  their  conquests  over 
the  whole  province  of  Florida.  Amer 
ica,  meanwhile,  was  not  forgotten  by 
either  France  or  England.  The  former, 
in  addition  to  the  force  under  Rocham- 
beau,  determined  to  send  out  a  large 

O 

fleet  under  the  Count  de  Grasse,  which 
after  performing  certain  services  in  the 
West  Indies,  was  to  repair  to 

1 T81 

the  coast  of  the  United  States, 
and  co-operate  with  Rochambeau  and 
Washington,  a  measure  which  ulti 
mately  proved  of  the  highest  import 
ance  to  the  cause  of  America.  The 
English,  on  their  part,  spared  no  exer 
tions,  to  reinforce  their  army,  promptly 
and  efficiently,  in  the  hope  that  it 
would  not  only  maintain  its  former 
conquests,  but  still  farther  extend  the 
progress  of  the  British  arms. 

The  position  of  affairs  at  this  date, 
was,  indeed,  such  as  to  give  hopes  to 
the  enemies  of  liberty,  and  excite  well- 
founded  alarm  in  the  bosoms  of  its 
friends.  The  efforts  made  in  the  pre 
ceding  year,  and  the  successes  at  the 
south,  had  produced  the  effect  of  re 
viving,  in  great  measure,  public  spirit. 
But  although  temporary  relief  had  been 
afforded,  no  permanent  system  of  means 
to  supply  the  returning  and  increasing 
wants  of  the  army,  had  been  estab 
lished  ;  and  from  this  cause,  the  coun 
try  seemed  to  be  standing  on  the  verge 
of  ruin. 

The  situation  of  Congress  was  trying 
in  the  extreme.  The  contest  was  now 


CH.  VIII.] 


ROBERT  MORRIS,  THE  FINANCIER. 


Ill 


one  for  very  existence.  A  powerful 
foe  was  in  fall  strength,  in  the  heart  of 
the  country ;  they  had  great  military 
operations  to  cany  on,  but  were  almost 
without  an  army,  and  wholly  without 
money.  Their  bills  of  credit  had 
ceased  to  be  of  any  worth ;  and  they 
were  reduced  to  the  mortifying  neces 
sity  of  declaring  by  their  own  acts, 
that  this  was  the  fact;  as  they  no 
longer  made  them  a  legal  tender,  or 
received  them  in  payment  of  taxes.* 
Without  money  of  some  kind,  an  army 
could  neither  be  raised  nor  maintained. 
But  the  greater  the  exigency,  the 

*  "About  this  time,  the  old  continental  money,  by 
common  consent,  ceased  to  have  currency.  Like  an 
aged  man,  expiring  by  the  decays  of  nature,  without 
a  sigh  or  a  groan,  it  fell  asleep  in  the  hands  of  its  last 
possessors.  By  the  scale  of  depreciation,  the  war  was 
carried  on  five  years,  for  little  more  than  £1,000,000 
sterling,  and  two  hundred  millions  of  paper  dollars 
were  made  redeemable,  by  five  millions  of  silver  ones. 
In  other  countries,  such  measures  would  have  pro 
duced  popular  insurrections,  but  in  the  United  States, 
they  were  submitted  to  without  any  tumults.  Public 
faith  was  violated,  but,  in  the  opinion  of  most  men, 
public  good  was  promoted.  The  evils  consequent  on 
depreciation  had  taken  place,  and  the  redemption  of 
the  bills  of  credit,  at  their  nominal  value,  as  originally 
promised,  instead  of  remedying  the  distress  of  the 
sufferers,  would,  in  many  cases,  have  increased  them, 
by  subjecting  their  small  remains  of  property,  to  ex 
orbitant  taxation.  The  money  had,  in  a  great  meas 
ure,  got  out  of  the  hands  of  the  original  proprietors, 
and  was  in  the  possession  of  others,  who  had  obtained 
it  at  a  rate  of  value,  not  exceeding  what  was  fixed 
upon  it  by  the  scale  of  depreciation.  Nothing  could 
afford  a  stronger  proof,  that  the  resistance  of  Amer 
ica  to  Great  Britain,  was  grounded  in  the  hearts  of 

the  people,  than  these  events The 

people  saw  the  necessity  which  compelled  their  rulers, 
to  act  in  the  manner  they  had  done,  and  being  well 
convinced  that  the  good  of  the  country  was  their  ob 
ject,  quietly  submitted  to  measures,  which,  under 
other  circumstances,  would  scarcely  have  been  expi 
ated  by  the  lives  and  fortunes  of  their  authors." — 
Ramsay's  "  History  of  the  American  Revolution,"  vol. 
ii.,  p.  519. 


greater  were  the  exertions  of  this  de 
termined  band  of  patriots.  They  di 
rected  their  agents  abroad  to  borrow, 
if  possible,  from  France,  Spain,  and 
Holland.  They  resorted  to  taxation, 
although  they  knew  that  the  measure 
would  be  unpopular,  and  that  they 
had  not  the  power  to  enforce  their  de 
cree.  The  tax  laid,  they  apportioned 
among  the  several  states,  by  whose 
authority  it  was  to  be  collected.  Per 
ceiving  that  there  was  great  disorder 
and  waste,  or  peculation,  in  the  man 
agement  of  the  fiscal  concerns,  they  de 
termined  on  introducing  a  thorough 
reform,  and  the  strictest  economy. 
They  accordingly  appointed  as  treas 
urer,  Robert  Morris,  of  Philadelphia; 
a  man,  whose  pure  morals,  ardent  pat 
riotism,  and  great  knowledge  of  finan 
cial  concerns,  eminently  fitted  him  for 
this  important  station.  The  zeal  and 
genius  of  Morris,  soon  produced  the 
most  favorable  results.  By  means  of 
the  "  Bank  of  North  America,"  to  which, 
in  the  course  of  the  year,  he  obtained 
the  approbation  of  Congress,  he  con 
trived  to  draw  out  the  funds  of  wealthy 
individuals.  By  borrowing  in 
the  name  of  the  government 
from  this  bank,  and  pledging  for  pay 
ment  the  taxes  not  yet  collected,  he 
was  enabled  to  anticipate  them,  and 
command  a  ready  supply.  He  also 
used  his  own  private  credit,  which  was 
good,  though  that  of  the  government 
had  failed;  and,  at  one  time,  bills 
signed  by  him  individually,  were  in 
circulation,  to  the  amount  of  $581,000. 
While  America  thus  received  this 
great  service  from  the  zeal  and  ability 
of  one  of  her  sons  at  home,  she  owed 


112 


THE  DECISIVE  YEAR  OF  THE  WAR. 


K.  III. 


not  less  to  the  exertions  of  another  of 
her  patriots  abroad. 

Franklin,  who  had  been  appointed  in 
September,  1778,  minister  plenipoten 
tiary,  at  the  court  of  France,  obtained 
from  Louis  XVI.,  a  gift  of  six  millions 
of  livres,  in  addition  to  a  loan  of  four 
millions ;  and,  as  Holland  refused  to 
lend  to  the  United  States  on  their  own 
credit,  the  French  monarch  granted  to 
the  solicitations  of  the  minister  his 
guarantee  to  the  States  General ;  who, 
on  this  security,  lent  to  Congress  the 
sum  of  ten  millions  of  livres.*  Spain 
refused  to  furnish  money  to  the  United 
States,  unless  they  would  renounce  the 
navigation  of  the  Mississippi,  a  propo 
sition  which  was  peremptorily  and 
steadily  refused.  The  funds  thus 
raised  were  expended  with  the  utmost 
prudence.  All  who  furnished  sup 
plies,  were  paid  by  the  treasurer 
with  the  strictest  punctuality;  and 
public  confidence,  by  degrees,  began 
to  spring  up  in  the  place  of  distrust ; 
order  and  economy,  in  the  room  of 
confusion  and  waste. 

Before  these  measures  had  imparted 
vigor  to  public  affairs,  an  event  oc 
curred,  which  threatened  the  most  se 
rious  consequences.  On  the  1st  of 
January,  1781,  about  thirteen  hundred 
of  the  Pennsylvania  line,  paraded  un 
der  arms,  refused  obedience  to  their 
officers,  and  committed  various  out 
rages.  They  were  suffering  from  the 
extremity  of  want.  They  had  enlisted 
for  the  term  of  three  years,  or  during 
the  war.  The  officers  contended,  that 
the  meaning  of  the  agreement  was,  that 

*  See  Sparks's  "Life  of  Franklin?  p.  468. 


they  were  to  serve  to  the  end  of  the 
war,  however  distant  that  end  misrht 

'  O 

be  ;  the  soldiers,  on  the  other  hand, 
maintained,  that  they  had  engaged  to 
serve  for  three  years  only,  or  during 
the  war,  if  it  should  terminate  before 
three  years  should  elapse.  The  mu 
tineers  determined  to  obtain  a  redress 
of  grievances,  and,  accordingly,  seizing 
upon  six  field-pieces,  marched  off  in 
a  body  towards  Princeton.  •  General 
Wayne  interposed,  in  the  effort  to 
bring  the  revolters  to  submission ;  but 
on  cocking  his  pistols  at  some  of  the  most 
audacious  of  the  mutineers,  several  bay 
onets  were  at  his  breast,  the  men  ex 
claiming,  "We  respect  you,  General;  we 
love  you ;  but  you  are  a  dead  man,  if 
you  fire  !  Do  not  mistake  us :  we  are 
not  going  to  the  enemy ;  on  the  con 
trary,  were  they  to  come  out,  you 
should  see  us  fight  under  you  with  as 
much  resolution  and  alacrity  as  ever: 
but  we  wish  a  redress  of  grievances, 
and  will  no  longer  be  trifled  with." 

O 

Through  General  Wayne's  judicious 
management,  the  mutineers  reduced 
their  demands  to  writing :  which  were, 
a  discharge  to  all  who  had  served  three 
years,  an  immediate  payment  of  all  that 
was  due  to  them,  and  that  future  pay 
should  be  made  in  real  money,  to  all 
who  remained  in  the  service. 

A  committee  of  Congress,  joined  by 
the  president  of  Pennsylvania,  met  the 
mutinous  troops  at  Princeton,  and  made 
propositions  to  them,  which  proved  sat 
isfactory,  and  they  gave  up  their  arms. 
The  British  commander  hoping  to 
profit  by  this  revolt,  sent  emissaries 
among  them,  making  them  very  tempt 
ing  offers.  These  were  declined  with 


Cir.  VIII.] 


ARNOLD   IN   VIRGINIA. 


113 


1781. 


indignation,  the  revolters  scorning  the 
idea  of  turning  Arnolds /  and  the  em 
issaries  of  Clinton  were  given  up,  and 
hanged. 

Washington  had  looked  with  great 
anxiety  upon  this  alarming  movement. 
He  knew  well  that  there  was  good 
ground  for  discontent,  and  he  was  dis 
posed  to  deal  as  leniently  as 
possible  with  men  who  had  felt 
themselves  driven  to  extremity ;  but, 
as  it  would  be  suicidal  to  permit  others 
to  attempt  similar  outbreaks,  the  corn- 
mander-in-chief  took  effectual  measures 
to  quell  every  such  attempt.  He  se 
lected  a  body  of  troops  in  the  High 
lands,  on  whom  he  could  rely,  and  held 
them  in  readiness  to  march  at  any  mo 
ment.  The  precaution  was  timely;  for 
on  the  20th  of  January,  a  part  of  the 
New  Jersey  brigade  rose  in  arms,  and 
making  the  same  demands  which  had 
been  yielded  to  in  the  case  of  the  Penn 
sylvania  line,  marched  to  Chatham. 
Washington  immediately  dispatched 
General  Howe  to  march  against  the 
mutineers,  and  to  crush  the  revolt  by 
force,  unless  the  men  should  yield  un 
conditional  submission,  and  return  to 
duty.  His  orders  were  promptly  ex 
ecuted.  The  men,  taken  by  surprise, 
yielded  at  once.  Two  of  the  ringlead 
ers  were  shot,  and  the  spirit  of  mutiny 
was  effectually  subdued. 

From  the  position  of  affairs  at  the 
north,  the  British  commander  could  not 
hope  to  accomplish  much  in  that  quar 
ter.  He  was  accordingly  the  more 
ready  to  urge  forward  active  operations 
at  the  south,  where  the  British  arms 
seemed  to  meet  with  success. 

About  the  middle  of  January,  the 


British  fleet  was  overtaken  by  a  storm 
off  the  east  end  of  Long  Island,  and 
sustained  so  much  loss  and  damage  as 
to  give  the  French  fleet  a  temporary 
superiority  on  the-coast.  Destouches, 
who  had  become  admiral  on  the  death 
of  the  Chevalier  de  Ternay,  was  pre 
vailed  on  to  seize  that  opportunity  of 
sending  a  small  force  to  the  Chesapeake 
Bay  to  act  against  Arnold,  who  had 
recently  gone  to  Virginia,  on  a  maraud 
ing  expedition ;  but  that  force  returned 
to  Newport,  without  accomplishing  any 
thing  except  taking  the  Romulus,  a 
fifty-gun  ship,  on  her  way  from  Charles 
ton  to  Chesapeake  Bay.  Washington, 
unwilling  to  relinquish  the  attempt 
against  Arnold,  repaired  to  Newport ; 
and,  on  the  6th  of  March,  had  a  con 
ference  with  the  French  commanders, 
at  which  it  was  agreed  that  the  whole 
fleet  should  immediately  sail  to  the 
Chesapeake,  with  a  detachment  of 
troops  on  board ;  but,  owing  to  unfore 
seen  circumstances,  it  was  the  evening 
of  the  8th  before  the  fleet  left  the  har 
bor.  Meanwhile,  due  notice  of  the  ex 
pedition  was  sent  to  the  American  offi 
cers  commanding  in  Virginia,  and  in 
structions  to  co-operate  with  their  allies. 
From  this  enterprise  Washington  enter 
tained  sanguine  expectations  of  being 
able  to  apprehend  Arnold  ;  and  he  di 
rected  Lafayette  to  grant  him  no  terms 
which  would  save  him  from  the  conse 
quences  of  his  crimes.  However,  the 
delay  in  the  sailing  of  the  fleet  frustrated 
the  design  of  the  commander-in-chief. 
Admiral  Arbuthnot,  having  repaired 
his  damages,  pursued,  and,  on  the  16th 
of  March,  overtook  the  French  fleet,  off 
the  Capes  of  Virginia.  An  indecisive 


114 


THE  DECISIVE  YEAR  OF  THE  WAR. 


[BK.  III. 


1781. 


enslavement    ensued,   in   which    each 

O     O  ' 

party  claimed  the  victory ;  but  the 
object  of  the  French  expedition  was 
defeated,  and  the  fleet  returned  to 
Newport. 

Arnold,  naturally  anxious  to  display 
his  zeal  in  behalf  of  the  enemies  of  his 
bleeding  country,  on  the  4th  of 
January,  landed  at  Westover, 
on  the  James  Elver,  a  hundred  and 
forty  miles  from  the  Capes,  and  twenty- 
five  miles  below  Richmond,  the  capital 
of  Virginia.  Steuben  was  in  command 
at  the  time  in  that  part  of  the  state ; 
but  was  unable  to  do  more  than  hasten 
the  removal  of  some  stores  from  Peters 
burg  to  a  place  of  greater  security. 
Arnold,  immediately  on  landing,  march 
ed  towards  Richmond.  A  few  regulars 
who  were  in  that  vicinity,  and  some 
militia,  were  ordered  to  impede  his 
progress ;  but  their  weak  efforts  were 
ineffectual.  Meanwhile,  Baron  Steuben 
made  every  exertion  to  remove  the 
stores  from  Kichmond,  carrying  them 
partly  across  the  river,  and  partly  to 
"West  Ham  at  the  head  of  the  rapids. 

On  the  day  after  landing  at  West- 
over,  Arnold  entered  Richmond,  with 
little  opposition.  There  he  halted  with 
five  hundred  men,  and  sent  Lieutenant- 
colonel  Simcoe  forward  to  West  Ham, 
where  he  burned  and  destroyed  a  val 
uable  foundry,  a  boring  mill,  a  powder 
magazine,  and  a  considerable  quantity 
of  military  stores.  Simcoe  returned  to 
Kichmond,  where  the  public  property, 
as  well  as  a  large  quantity  of  rum  and 
salt  belonging  to  individuals,  were  de 
stroyed.  After  completing  the  work 
of  destruction  at  Kichmond,  Arnold 
returned  to  Westover,  on  the  7th  of 


January;  and,  after  some  skirmishing, 
re-embarked  on  the  10th,  sailed  down 
the  river,  destroying,  on  his  way,  the 
stores  at  SmitMeld  and  Mackay's  Mills, 
and  on  the  20th,  arrived  at  Portsmouth, 
where  he  manifested  an  intention  of  es 
tablishing  a  permanent  post.  In  this 
expedition,  Arnold,  while  engaged  in 
burning,  and  plundering  and  ravaging, 
with  fiend-like  malice,  in  every  quar 
ter,  stated  his  loss  at  only  seven  men 
killed,  and  twenty-three  wounded. 

Baron  Steuben  being  in  no  condition 
to  attack  Arnold  at  Portsmouth,  was 
careful  to  station  his  troops  at  the  most 
convenient  passes  leading  from  that 
place  into  the  country,  in  order  to  afford 
the  inhabitants  all  the  protection  in  his 
power.  It  was  while  Arnold  lay  at 
Portsmouth,  that  Washington  enter 
tained  strong  hopes  of  being  able  to 
apprehend  him,  and  mete  out  to  him 
the  punishment  which  his  crimes  so 
richly  deserved.  The  plan  failed,  how 
ever,  as  above  stated,  through  the  ina 
bility  of  the  French  to  aid  -in  it. 

As  Arnold's  force  was  not  sufficient 
to  make  any  deep  and  permanent  im 
pression  on  the  powerful  state  of  Vir 
ginia,  the '  British  commander-in-chief 
resolved  to  increase  it ;  and  for  that 
purpose,  about  the  middle  of  March, 
sent  General  Phillips,with  two  thousand 
chosen  men,  from  New  York  to  Chesa 
peake  Bay.  General  Phillips  arrived 
at  Portsmouth  on  the  26th ;  and,  being 
the  superior  officer,  took  the  command 
of  the  British  troops  in  Virginia, 

After  employing  some  time  in  com 
pleting  the  fortifications  of  Portsmouth, 
General  Phillips  began  offensive  opera 
tions.  On  the  18th  of  April,  he  em- 


Cn.  VIII.] 


BRITISH   RAVAGES  IN    VIRGINIA. 


115 


barked  two  thousand  five  hundred  men 
on  board  liis  smaller  vessels,  and  sailed 
up  James  Kiver,  in  order  to  destroy 
every  thing  that  had  escaped  the  rav 
ages  of  Arnold.  He  landed  at  Burrel's 
Ferry,  and  marched  to  Williamsburgh, 
the  former  seat  of  government  in  Vir 
ginia.  A  small  body  of  militia  assem 
bled  there,  retreated  on  his  approach, 
and  he  entered  the  place  without  op 
position.  He  sent  parties  through  all 
the  lower  district  of  that  narrow  tract 
of  land,  which  lies  between  James  and 
York  Rivers,  who  destroyed  all  public 
stores  and  property  which  fell  in  their 
way.  He  then  re-embarked,  sailed 
up  the  river  to  City  Point,  where  he 
landed,  on  the  afternoon  of  the  24th, 
and  next  day,  marched  to  Petersburg, 
where  he  destroyed  an  immense  quan 
tity  of  tobacco  and  other  property,  to 
gether  with  the  vessels  lying  in  the 
river. 

Baron  Steuben  was  unable  to  make 
any  effectual  resistance  to  this  ruthless 
work  of  devastation.  The  regular 
troops  of  the  state  had  been  sent  to  re 
inforce  General  Greene,  and  the  militia 
then  in  the  field  did  not  much  exceed 
two  thousand.  Even  although  the 
whole  of  that  number  could  have  been 
collected  at  any  one  point,  yet  with  that 
kind  of  force,  no  enterprise  of  import 
ance  could  be  undertaken.  To  have 
hazarded  a  battle  with  the  militia 
against  regular  troops,  would  only 
have  been  to  ensure  defeat,  the  loss  of 
arms,  and  the  consequent  discourage 
ment  of  the  country.  Baron  Steuben 
had  the  mortification  to  see  the  state 
laid  waste,  without  being  able  to  re 
lieve  it ;  and,  after  some  slight  skir 


mishing,  he  retreated   towards  Rich 
mond. 

Arnold  was  detached  to  Osborne,  a 
small  village  on  the  south  side  of  James 
River,  fifteen  miles  below  Richmond ; 
while  General  Phillips  marched  to 
Chesterfield  Court  House,  which  had 
been  appointed  the  place  of  rendez 
vous  for  the  new  levies  of  Virginia, 
where  he  destroyed  the  barracks  and 
some  public  stores  which  had  not  been 
removed.  About  half  way  between 
Osborne  and  Richmond,  a  few  small 
armed  vessels,  which  had  been  col 
lected  to  co-operate  with  the  French 
against  Portsmouth,  after  a  slight  re 
sistance,  were  scuttled  and  set  on  fire 
by  their  crews,  who  joined  the  militia 
and  fled.  On  the  30th  of  April,  Phillips 
and  Arnold  marched  against  Manches 
ter,  a  small  town  on  the  south  bank  of 
James  River,  opposite  Richmond, where, 
as  usual,  they  set  fire  to  the  warehouses, 
and  consumed  the  tobacco  and  other 
property. 

At  that  critical  and  disastrous  period 
in  the  history  of  Virginia,  Lafayette  ar 
rived  from  the  northward,  to  take  the 
command  of  the  military  force  in  that 
state.  When  the  attempt  was  medi 
tated  against  Arnold,  at  Portsmouth, 
he  was  appointed  to  command  the 
troops,  to  be  employed  in  the  enter 
prise  ;  but,  on  the  abandonment  of  the 
expedition  by  the  naval  force  of  France, 
he  returned  from  Annapolis,  in  Mary 
land,  where  he  had  arrived,  and  pro 
ceeded  to  the  head  of  Elk  River,  at 
which  place  he  received  orders  from 
Washington,  to  take  the  command  of 
the  troops  in  Virginia. 

When   Lafayette    marched    to   the 


116 


THE  DECISIVE  YEAR  OF  THE  WAR, 


[BK.  III. 


southward,  for  the  enterprise  against 
Arnold,  the  troops  which  he  carried 
along  with  him,  were  drawn  chiefly 
from  the  northern  states;  and,  as  it 
was  believed  the  expedition  would  be 
of  short  duration,  they  were  ill  pro 
vided  for  a  southern  campaign,  and 
had  imbibed  strong  prejudices  against 
the  climate.  When  they  understood, 
that  the  duty  would  be  more  perman 
ent  than  had  been  at  first  expected, 
numbers  of  them  deserted.  But,  ap 
pealing  to  their  honor,  Lafayette,  at 
length,  succeeded  in  inspiring  his 
troops  with  the  resolution  of  braving 
every  danger,  and  enduring  every  pri 
vation,  in  the  cause  of  their  country. 
In  order  to  encourage  them,  that  young 
nobleman,  as  careless  of  fortune  as  he 
was  ambitious  of  fame,  borrowed  money 
on  his  own  personal  credit,  from  the 
merchants  of  Baltimore,  to  purchase 
shoes,  linen,  and  other  necessaries,  for 
his  detachment ;  and  the  ladies  of  that 
city,  with  patriotic  zeal,  took  charge 
of  immediately  making  the  summer 
clothes  of  the  troops. 

Lafayette  arrived  at  Richmond,  with 
his  detachment,  on  the  evening  before 
General  Phillips  entered  Manchester; 
instead  of  attempting  to  pass  the  riv 
er  in  despite  of  Lafayette,  the  Brit 
ish  general  marched  back  to  Bermuda 
Hundreds,  a  point  of  land  formed  by 
the  junction  of  James  River  and  the 
Appomattox,  destroying  much  valuable 
property  on  his  way.  Embarking  his 
army,  he  sailed  down  the  river  as  far 
as  Hog's  Island,  where  the  van  of  his 
fleet  arrived  on  the  5th  of  May. 

On  the  return  of  the  British  down 
the  river,  Lafayette  sent  small  parties 


to  follow  them,  and  watch  their  mo 
tions,  while  he  established  his  head 
quarters  behind  the  River  Chickahom- 
iny,  at  some  distance  from  Richmond. 
On  the  7th  of  May,  General  Phillips 
received  a  letter  from  Cornwallis,  in 
forming  him  of  his  lordship's  march  into 
Virginia,  and  mentioning  Petersburg, 
as  the  place  at  which  he  expected  to 
meet  the  British  troops  in  that  prov 
ince.  General  Phillips  immediately 
returned  up  the  river,  landed 
one  division  at  Brandon,  while 
another  proceeded  to  City  Point ;  and 
on  the  9th,  those  two  divisions  met  at 
Petersburg,  where  their  arrival  was  so 
unexpected,  that  they  took  prisoners 
some  of  Lafayette's  officers,  who  had 
been  sent  to  that  place  for  the  purpose 
of  collecting  boats,  to  convey  his  troops 
across  the  river.  Meanwhile,  General 
Phillips  was  seized  with  fever,  and  was 
so  ill,  on  reaching  Petersburg,  as  to  be 
unable  to  give  orders.  The  progress 
of  his  disease  was  rapid,  and  he  died 
on  the  13th  of  May,  when  the  com 
mand  of  the  troops  devolved  on  Ar 
nold,  for  a  short  period  before  he 
proceeded  to  New  York,  to  idle  away 
the  summer,  and,  curiously  enough, 
just  in  time,  to  escape  the  fate  that  he 
would  have  met,  had  he  been  found 
with  Cornwallis,  at  Yorktown. 

General  Greene,  as  we  have  before 
stated,  (p.  81,)  took  command  of  the 
southern  army,  in  December,  1780.  His 
entire  force  consisted  of  about  two 
thousand  three  hundred  men,  who,  al 
though  animated  by  an  earnest  desire 
to  defend  their  country  against  the 
ravages  of  the  enemy,  were,  neverthe 
less,  but  ill  provided  with  the  means, 


Cn.  VIII.] 


TARLETON   IN   PURSUIT  OF  MORGAN. 


117 


successfully  to  resist  a  larger  and  bet 
ter  disciplined  force,  under  Cornwallis. 
Greene  was  fully  alive  to  the  difficul 
ties  of  his  position,  and  was  aware  how 
much  was  expected  from  him.  After 
mature  consideration,  notwithstanding 
the  great  hazard  incurred,  General 
Greene  resolved  to  divide  his  forces, 
placing  part  of  the  troops  under  the 
gallant  Morgan,  and  retaining  the  re 
mainder  under  his  own  command;  in 
this  way,  watching  the  movements  of 
the  enemy,  harassing  him  in  every  pos 
sible  manner,  and  ready  to  take  ad 
vantage  of  any  opening  which  might 
present  itself  for  an  attack.* 

Morgan's  force  consisted  of  some 
three  hundred  and  twenty  infantry, 
under  Colonel  Howard;  nearly  two 
hundred  riflemen,  under  Major  Trip 
le  tt,  and  about  eighty  light  dragoons, 
under  Colonel  Washington.  With  this 
small  force,  Morgan  was  sent  to  the 
south  of  the  Catawba,  to  observe  and 
annoy  the  British  at  Wynnsborough 
and  Camden,  and  to  provide  for  him 
self  and  his  troops ;  but  was  directed 
to  risk  as  little  as  possible.  On  the 
25th  of  December,  he  took  a  position 
towards  the  western  frontier  of  South 
Carolina,  not  far  from  the  confluence 
of  the  Pacolet  and  Broad  River,  and 
about  fifty  miles  north-west  from 
Wynnsborough. 

With  the  other  division  of  his  army 
General  Greene  left  Charlotte  on  the 
20th  of  the  same  month ;  and,  on 
the  29th,  arrived  at  Hick's  Cor 
ner,  on  the  east  side  of  the  Peedee,  op- 


1780. 


*  See  Greene's  "Life  of  General  Greene"  pp. 
108-16;  and  Graham's  " Life  of  General  Morgan" 
pp.  258,  9. 

VOL.   II.— 15 


posite  the  Che  raw  Hills,  about  seventy 
miles  northeast  from  Wynnsborough, 
where  he  remained  some  time.  He 
marched  to  that  place  in  the  hope  of 
finding  more  plentiful  subsistence  for 
his  troops ;  but  his  difficulties  in  that 
respect  were  not  much  diminished,  for 
the  country  was  almost  laid  waste  by 
the  fierce  and  destructive  contests  be 
tween  the  whigs  and  tories. 

Morgan  did  not  long  remain  inactive. 
On  the  27th  of  December,  he  detached 
Colonel  Washington  with  his  cavalry, 
and  two  hundred  militia,  who  next  day 
marched  forty  miles,  and  surprised  a 
body  of  tories  near  Ninety-Six.  Exas 
perated  to  the  highest  degree,  by  bitter 
memories  of  the  outrages  committed 
by  the  tories,  the  troops  fell  upon  them 
with  uncontrollable  fury,  and  slaugh 
tered  nearly  the  entire  party,  without 
the  loss  of  a  single  man.  This  blow 
was  felt  so  acutely,  that  Cornwallis 
was  unable,  at  any  time  subsequently, 
to  persuade  the  tories  to  take  the 
field.  At  this  date,  Colonel  Pickens 
and  Major  McCall  arrived  in  camp, 
with  two  hundred  and  sixty  mounted 
Carolinians. 

Cornwallis  resolved  to  begin  offen 
sive  operations  immediately  on  the  ar 
rival  of  reinforcements  under  General 
Leslie ;  but,  in  the  mean  time,  alarmed 
by  news  of  Morgan's  movements  against 
Ninety-Six,  he  detached  Tarleton,  on 
the  1st  of  January,  with  about  one 
thousand  men,  to  strike  a  blow  at  Mor 
gan,  and  if  possible,  rout  him 
entirely.  No  doubt  was  enter 
tained  of  their  being  able  to  accomplish 
this  end  immediately. 

Tarleton,  on  arriving  at  Ninety-Six, 


118 


THE  DECISIVE  YEAR  OF  THE  WAR. 


[BK.  III. 


found  every  thing  quiet;  the  Ameri 
cans  had  retired  after  some  slight  skir 
mishes.  He  then  determined  to  march 
against  Morgan,  confident  of  being  able 
either  to  surprise  him,  or  at  least  to 
drive  him  beyond  the  Broad  River, 
which  would  have  left  the  ways  clear 
to  the  royal  army.  He  consulted  Corn- 
wallis  by  letter,  who  not  only  approved 
his  design,  but  resolved  also  to  aid  in  its 
execution,  by  ascending  the  left  bank 
of  the  Broad,  in  order  to  menace  the 
rear  of  Morgan.  Every  thing  went 
well  for  them  at  first.  Tarleton,  after 
having  passed,  with  equal  celerity  and 
good  fortune,  the  Rivers  Ennoree  and 
Tiger,  presented  himself  upon  the  banks 
of  the  Pacolet.  Morgan  retreated 
thence  forthwith,  and  Tarleton  set  him 
self  on  the  pursuit.  He  pressed  for 
ward  with  unabated  ardor.  Morgan 
felt  how  full  of  danger  was  become  the 
passage  of  Broad  River  in  the  pres 
ence  of  so  enterprising  an  enemy  as 
now  hung  upon  his  rear.  Confidently 
relying  upon  the  men  under  his  com 
mand,  and  ably  supported  by  excellent 
officers,  Morgan  determined  to  make  a 
stand.  In  fact,  his  safety  consisted  in 
giving  Tarleton  battle. 

Informed  of  Tarleton's  arrival,  on  the 
night  of  the  16th  of  January,  Morgan 
took  his  position  at  Cowpens,  about  six 
miles  from  the  Broad  Rivei.*  The 
eagerness  of  his  troops,  although  he 
had  less  than  a  thousand  men  with  him 
at  the  time,  gave  him  assurance  that 
victory  would  wait  upon  the  efforts 

*  For  a  full  and  detailed  account  of  this  celebrated 
battle,  see  Graham's  "Life  of  General  Morgan,"  pp. 
290-312. 


of  those  who  were  fighting  for  their 
hearths  and  homes.  Very  early,  on  the 
morning  of  the  17th,  Morgan  formed 
his  troops  in  two  divisions  ;  the  first 
composed  of  militia,  "under  Colonel 
Pickens,  occupied  the  front  of  a  wood, 
in  view  of  the  enemy :  the  second,  com 
manded  by  Colonel  Howard,  was  con 
cealed  in  the  wood  itself,  and  consisted 
of  his  marksmen  and  old  continental 
troops.  Colonel  Washington,  with  his 
cavalry,  was  posted  behind  the  second 
division,  as  a  reserve. 

Tarleton  soon  came  up,  and  formed 
in  two  lines  ;  his  infantry  in  the  centre 
of  each,  and  his  horse  on  the  flanks. 
Every  thing  seemed  to  promise  him 
victory.  He  was  superior  in  cavalry, 
and  his  troops,  though  fatigued  by  the 
exertions  already  made  in  pursuit  of 
Morgan,  were,  nevertheless,  eager  for 
the  contest. 

The  British  rushed  impetuously  on 
a  body  of  marksmen  in  the  front  line, 
which,  after  a  single  fire,  retired  to  the 
militia  under  Pickens.  The  British 
advanced  rapidly,  and  furiously  attack 
ed  the  militia,  who  fought  nobly,  but 
were  compelled  to  give  way,  and  to 
seek  shelter  with  the  reserve  behind 
the  hill.  Tarleton  eagerly  pressed  on  ; 
but  the  reserve,  undismayed  by  the  re 
treat  of  the  militia,  received  him  firmly, 
and  an  obstinate  conflict  ensued. 
Tarleton  ordered  up  the  reserve 
of  infantry  and  cavalry ;  and  the  Amer 
ican  line  was  shaken  by  the  violence  of 
the  onset.  Colonel  Howard,  desirous  of 
protecting  his  right  flank,  ordered  a  re 
trograde  movement,  which,  for  the  mo 
ment,  looked  like  defeat.  The  British, 
whose  ranks  were  already  thinned  by 


17H1. 


CH.  VIII.] 


THE  BATTLE  OF  THE  COWPENS. 


119 


the  fierce  resistance  of  the  Americans, 
exhausted  by  the  previous  march,  and 
by  the  struggle  in  which  they  had  been 
engaged,  and  believing  the  victory  won, 
pursued  in  some  disorder  ;  but,  on 
reaching  the  top  of  the  hill,  Howard 
ordered  his  men  to  wheel  and  face  the 
enemy ;  they  instantly  obeyed,  and  met 
the  pursuing  foe  with  a  well  directed 
and  deadly  fire.  This  unexpected  and 
destructive  volley  threw  the  British 
into  confusion,  which  Howard  observ 
ing,  ordered  his  men  to  charge  them 
with  the  bayonet.  Their  obedience 
was  as  prompt  as  before  ;  and  the  Brit 
ish  line  was  soon  broken.  About  the 
same  moment,  Washington  routed  the 
cavalry  on  the  British  right,  who  had 
pursued  the  militia  on  their  retreat. 
Washington  charged  the  enemy  sword 
in  hand.  The  conflict  was  tremendous, 
but  not  of  long  duration.  The  British 
were  utterly  defeated,  and,  remember 
ing  the  odious  "  Tarleton's  quarters,"  it 
was  with  great  difficulty  that  the  troops 
were  prevented  from  taking  vengeance 
on  the  enemy  now  in  their  power. 
Tarleton,*  and  a  portion  of  his  force 
escaped ;  but  over  two  hundred  of  the 
British  were  killed  or  wounded ;  and 
some  six  hundred  were  made  prisoners. 

*  It  was  to  this  redoubtable  colonel  that  Mrs.  Ashe, 
a  spirited  North  Carolina  lady,  made  a  keen  reply, 
when,  at  a  later  date,  Tartleton  said  he  had  a  great 
desire  to  see  Colonel  Washington.  He  was  calling 
with  Cornwallis,  at  the  time,  at  Colonel  Ashe's  resi 
dence,  when  he  ventured  to  say  what  he  did.  "  If 
you  had  looked  behind  you,  sir,  at  the  battle  of  the 
Cowpens,  you  would  most  certainly  have  seen  him!" 
Truly,  we  may  well  believe,  that  the  British  officers 
found  the  thrusts  of  the  patriotic  daughters  of  the 
south,  quite  as  sharp  and  as  hard  to  parry,  as  the 
trenchant  blades  of  "Washington  and  his  brave  cav 
alry  legion. 


The  American  loss  was  only  twelve 
killed  and  sixty-one  wounded. 

The  victory  at  the  Cowpens  was  cer 
tainly  one  of  the  most  brilliant  that 
had  ever  been  achieved  by  American 
arms ;  and  seldom  has  a  battle,  in  which 
the  number  of  combatants  was  so  small, 
produced  such  important  consequences ; 
for  the  loss  of  the  light  infantry  not 
only  considerably  diminished  the  force, 
but  also  crippled  the  movements  of 
Cornwallis  during  the  rest  of  the  cam 
paign. 

Cornwallis  was  at  Turkey  Creek, 
twenty-five  miles  from  the  Cowpens, 
confident  of  Tarleton's  success,  or  at 
least  without  the  slightest  apprehension 
of  his  defeat.  He  was  between  Greene 
and  Morgan ;  and  it  was  a  matter  of 
much  importance  to  prevent  their 
junction,  and  to  overthrow  the  one 
while  he  could  receive  no  support  from 
the  other.  For  that  purpose  he  had 
marched  up  Broad  River,  and  had  in 
structed  General  Leslie  to  proceed  on 
the  banks  of  the  Catawba,  in  order  to 
keep  the  Americans  in  a  state  of  un 
certainty  concerning  the  rout  which 
he  intended  to  pursue ;  but  the  unex 
pected  defeat  of  his  detachment  was  an 
occurrence  equally  mortifying  and  per 
plexing,  and  nothing  remained  but  to 
endeavor  to  compensate  the  disaster  by 
the  rapidity  and  decision  of  his  move 
ments. 

Cornwallis  was  nearer  the  fords  of  the 
Catawba  than  Morgan;  and  he  hoped 
that,  elated  with  victory  and  en 
cumbered  with  prisoners  and 
baggage,  that  wary  officer  might  yet  be 
overtaken  before  he  could  pass  those 
fords.     Accordingly,  after  some  hesita- 


120 


THE   DECISIVE  YEAR  OF  THE  WAR. 


[BK. 


tioii  and  delay,  he  formed  a  junction  with 
General  Leslie,  and  began  his  pursuit 
of  Morgan.  Destroying  the  whole  of 
his  superfluous  baggage,  he  retained  no 
waggons,  except  those  loaded  with  hos 
pital  stores  and  ammunition,  and  four 
empty  ones  for  the  accommodation  of 
the  sick  and  wounded.  But,  ignorant 
of  Morgan's  force  and  movements,  not 
withstanding  all  his  exertions,  he  ulti 
mately  missed  his  aim ;  for  Morgan  dis 
played  as  much  prudence  and  activity 
after  his  victory,  as  bravery  in  gaming 
it.  Fully  aware  of  his  danger,  he  left 
behind  him,  under  a  flag  of  truce,  such 
of  the  wounded  as  could  not  be  moved, 
with  surgeons  to  attend  them ;  and, 
scarcely  giving  his  men  time  to  breathe, 
he  sent  off  his  prisoners,  under  an  escort 
of  militia,  and  followed  with  his  regu 
lar  troops  and  cavalry,  bringing  up  the 
rear  in  person.  He  crossed  Broad 
River  at  the  upper  fords,  hastened  to 
the  Catawba,  which  he  reached  on  the 
evening  of  the  28th  of  January,  and 
safely  passed  it  with  his  prisoners  and 
troops  the  next  day ;  his  rear  having 
gained  the  northern  bank  only  about 
two  hours  before  the  van  of  the  British 
army  appeared  on  the  opposite  side. 
Night  coming  on,  Cornwallis  was  obliged 
to  delay  crossing  until  morning.  A 
heavy  rain  fell,  and  in  the  morning  the 
ford  was  impassable ;  and  three  days 
was  the  impatient  Cornwallis  obliged  to 
wait,  before  the  subsiding  waters  al 
lowed  him  a  passage. 

In  the  mean  time,  General  Greene, 
anxious  for  the  fate  of  Morgan  and 
his  detachment,  had  left  his  army 
under  the  command  of  General  Huger, 
to  make  their  way  toward  the  sources 


of  the  rivers,  where  they  were  fordable, 
and  had  himself  proceeded  with  only  a 
few  attendants  to  join  Morgan.  It  was 
at  this  juncture  that  he  arrived,  on  the 
31st  of  January,  at  the  camp  of  Morgan,, 
and  took  upon  himself  the  command. 
Cornwallis,  the  river  having  subsided, 
determined  to  attempt  a  passage,  which 
was  disputed  by  a  body  of  militia  un 
der  General  Davidson.  This  brave 
officer  was  mortally  wounded,  and  the 
British  succeeded  in  crossing  the  river.* 
A  grand  military  race  now  began 
between  the  retreating  Americans  un 
der  Greene,  and  the  pursuing  British 
under  Cornwallis.  General  Greene 
marched  so  rapidly  that  he  passed  the 
Yadkin,  at  the  trading  ford,  on  the 
nis-ht  between  the  2d  and  3d  of  Feb- 

O 

ruary,  partly  by  fording  and  partly  by 
means  of  boats  and  flats.  So  closely 
was  ho  pursued,  that  the  British  van 
was  often  in  sight  of  the  American  rear : 
and  a  sharp  skirmish  took  place  not  far 


*  An  anecdote  illustrative  of  the  patriot  ian  of  the 
women  of  the  Revolution  deserves  to  be  told  hero. 
General  Greene,  greatly  grieved  at  the  loss  of  Darid- 
son,  was  retreating  towards  Salisbury.  lie  had  rid 
den  all  day  through  rain  and  storm,  and,  wearied  and 
exhausted,  his  garments  soiled  with  mud  from  the 
road,  he  alighted  at  the  door  of  the  principal  hotel, 
kept  by  Mrs.  Steele.  In  reply  to  the  greeting  of  Dr. 
Reed,  who  anxiously  inquired  after  his  health,  Greene 
could  not  refrain  from  exclaiming  that  he  was  "tired 
out,  hungry,  and  penniless."  The  good  landlady 
overheard  the  remark,  and  while  Greene  was  obtain 
ing  refreshment,  she  entered  the  room,  carefully 
closed  the  door,  and  producing  two  small  bags  of 
specie,  the  earnings  of  years,  and  particularly  valua 
ble  at  that  day,  she  urged  them  upon  the  desponding 
general  "Take  these,"  she  said,  "you  need  them  ; 
I  can  do  without  them."  We  may  well  believe,  that 
encouragement  like  this,  of  the  deep  hold  which  our 
country's  liberty  had  upon  the  hearts  of  the  people, 
was  appreciated  by  such  a  man  and  such  a  patriot  as 
Nathaniel  Greene. 


Cu.  VIII.] 


CORNWALLIS'S   PURSUIT  OF  GREENE. 


121 


from  the  ford,  between,  a  body  of  Amer 
ican  riflemen  and  the  advance  guard 
of  the  British  army,  when  the  latter 
obtained  possession  of  a  few  waggons. 
General  Greene  secured  all  the  boats 
on  the  south  side :  and  here  it  again 
happened  as  at  the  Catawba ;  the  river 
suddenly  rose,  by  reason  of  the  prece 
ding  rains,  and  the  British  were  unable 
to  effect  a  passage,  and  pursue  the  foe 
so  nearly  within  their  grasp. 

A  furious  cannonade  was  opened  on 
the  American  encampment  by  the  Brit 
ish  on  the  opposite  side  of  the  river. 
"  At  a  little  distance  from  the  river," 
says  an  eye-witness,  "  and  behind  a  pile 
of  rocks,  was  situated  a  small  cabin. 
In  this  General  Greene  had  taken  up 
his  quarters,  and  while  his  family 
and  some  of  his  staff  were  amusing 
themselves  as  they  thought  proper,  he 
was  busily  engaged  in  preparing  his 
dispatches.  At  this  time  the  artillery 
was  playing  furiously,  but  seemed  to 
attract  no  one's  attention.  At  length, 
however,  whether  from  intelligence  or 
conjecture,  their  rage  seemed  to  vent 
itself  exclusively  at  our  cabin ;  and  the 
balls  were  heard  to  rebound  against  the 
rocks,  directly  in  the  rear  of  it.  Little 
more  than  its  roof  showed  above  them, 
and  at  this  the  firing  was  obviously  di 
rected.  Nor  were  they  long  without 
striking  it ;  and  in  a  few  moments  the 
clapboards  were  flying  from  it  in  all 
directions.  But  still  the  general  wrote 
on,  nor  seemed  to  notice  any  thing  but 
his  dispatches,  and  the  innumerable  ap 
plications  that  were  made  to  him.  from 
various  quarters.  His  pen  never  rested, 
but  when  a  new  visitor  arrived;  and 
then  the  answer  was  given  with  calm 


ness  and  precision,  and  the  pen  was 
immediately  resumed." 

This  second  escape  by  the  swelling 
of  the  waters,  was  looked  upon  by  the 
Americans  as  a  visible  interposition  of 
Providence  in  their  behalf,  and  inspired 
them  with  a  lofty  enthusiasm  in  that 
cause  which  seemed  to  be  favored  and 
blessed  of  Almighty  God. 

The  river  being  unfordable,  and  still 
continuing  to  rise,  all  the  boats  being 
removed,  and  the  weather  appearing 
unsettled,  Cornwallis  resolved  to  march 
up  the  south  bank  of  the  Yadkin  about 
twenty-five  miles,  to  the  shallow  fords 
near  its  source,  which  are  commonly 
passable.  General  Greene,  released 
from  the  immediate  pressure  of  his  pur 
suers,  continued  his  march  northward ; 
and,  on  the  7th  of  February,  joined  his 
division  under  Huger  and  Williams 
near  Guildford  Court  House.  Thus 
Cornwallis  failed  in  his  efforts  to  recover 
the  prisoners,  to  retaliate  the  blow 
which  Morgan  had  given  at  the  Cow- 
pens,  to  prevent  the  junction  of  the  two 
divisions  of  the  American  army,  and  to 
overwhelm  one  or  both  of  them.  The 
failure  was  not  owing  to  any  want  of 
exertion  on  the  part  of  the  British  gen 
eral,  but  to  events  equally  unforeseen 
and  above  the  reach  of  human  control. 

Cornwallis,  unwilling  to  give  up  the 
pursuit,  determined  to  force  Greene,  if 
possible,  to  fight  before  he  received 
his  expected  reinforcements.  He  there 
fore  took  up  his  march  towards  the 
Dan,  so  as  to  cut  off  the  Americans 
from  passing  into  Virginia.  General 
Morgan,  suffering  from  a  severe  attack 
of  rheumatism,  was  compelled  to  retire 
from  active  service,  and  Colonel  Wil- 


122 


THE  DECISIVE  YEAR  OF  THE  .WAR. 


[BK.  III. 


1781. 


Hams  took  command  of  a  corps  of  light 
troops  in  his  place.*  On  the  10th  of 
February,  Greene  left  Guild- 
ford  Court  House  on  his  march 
towards  the  Dan.  His  retreat  and 
Cornwallis's  pursuit  were  equally  rapid ; 
but  the  boldness  and  activity  of  the 
American  light  troops  compelled  the 
British  to  march  compactly  and  with 
caution ;  for,  on  one  occasion,  Colonel 
Lee  charged  the  advanced  cavalry  of 
the  British  army  suddenly  and  furiously, 
killed  a  number,  and  made  some  pris 
oners.  General  Greene's  precautions 
and  preparations  for  passing  the  Dan 
were  successful;  and,  on  the  14th  of 
February,  he  crossed  that  river  at 
Boyd's  and  Irwin's  Ferries,  with  his 
army,  baggage,  and  stores.  Although 
his  light  troops  had  marched  forty 
miles  that  day,  yet  the  last  of  them  had 
scarcely  reached  the  northern  bank, 
when  the  advanced  guard  of  the  Brit 
ish  army  appeared  on  the  other  side 
of  the  river. 

In  this  retreat  and  pursuit  of  more 
than  two  hundred  miles,  both  armies 
endured  excessive  fatigue  and  hard- 
ships.f  Want  of  tents,  bad  roads, 
heavy  rains,  swollen  rivulets,  and 
scarcity  of  provisions,  were  privations 
and  sufferings  common  to  each.  The 

*  It  is  ordinarily  supposed  that  there  was  a  serious 
personal  difference  between  Greene  and  Morgan,  pre 
vious  to  the  latter  retiring  from  active  duty.  Mr. 
Graham  devotes  several  pages  to  this  point,  and  con 
troverts  the  general  impression.  See  his  "  Life  of 
General  Morgan"  pp.  3G3-68. 

t  General  Greene's  military  genius  was  strikingly 
displayed  in  the  conduct  of  this  celebrated  retreat. 
"You  may  be  assured,"  were  Washington's  words, 
"  that  your  retreat  before  Cornwallis  is  highly  ap 
plauded  by  all  ranks,  and  reflects  much  honor  en 
your  military  abilities." 


men  were  often  thoroughly  wetted: 
without  any  means  of  drying  them 
selves,  till  the  moisture  was  evaporated 
by  the  heat  of  their  bodies.  The  in 
clement  season  of  the  year  aggravated 
their  sufferings.  Under  these  trials, 
the  British  soldiers  had  great  advan 
tages;  for  they  were  provided  with 
shoes,  and  comfortably  clothed.  But 
the  Americans  were  in  rags,  and  many 
of  them  barefooted :  the  blood  flowing 
from  the  wounds  in  their  naked  feet, 
marked  their  line  of  march ;  yet  they 
endured  all  with  patient  fortitude,  and 
without  murmuring. 

Grievously  disappointed  at  his  ill  suc 
cess,  Cornwallis  determined  to  remain 
in  North  Carolina,  and  to  collect  the 
loyalists  under  his  standard.  With 
this  view,  he  repaired  to  Hillsborough, 
and  endeavored  to  prevail  upon  the  in 
habitants  to  espouse  the  royal  cause. 
His  efforts,  however,  were  not  crowned 
with  the  success  he  anticipated.  The 
larger  portion  of  the  people  hesitated 
to  manifest  any  attachment  to  the  royal 
interest.  In  some  instances,  however, 
the  British  general  prevailed  upon 
them  to  take  up  arms.  He  sent  Tarle- 
ton,  with  his  legion,  to  the  district  be 
tween  the  Haw  and  Deep  Rivers,  to  en 
courage  the  rising  of  the  loyalists  in 
that  quarter. 

General  Greene  detached  Colonel  Lee 
across  the  Dan,  with  a  body  of  cavalry, 
to  scour  the  country,  and  attack  Tarle- 
ton.  Lee  soon  overtook  a  body  of 
tories  marching  to  Cornwallis,  under 
the  command  of  Colonel  Pyle.  The 
Americans  charged  them  with  vigor, 
and  the  tories,  supposing  them  to  be 
Tarletou's  legion,  and  themselves  mis- 


CH.  VIII.] 


BATTLE  OF  GUILDFORD   COURT  HOUSE. 


123 


taken  for  republicans,  declared  their 
attachment  to  the  royal  cause,  and 
vociferated  the  cry,  "Long  live  the 
king !"  Between  two  and  three  hun 
dred  of  them  were  killed  by  their  en 
raged  assailants,  and  the  survivors  com 
pelled  to  surrender.  Tarleton,  by  a 
singular  coincidence,  soon  after,  met 
another  small  body  of  tories,  and  slaugh 
tered  them  without  mercy,  believing 
them  to  be  enemies  instead  of  friends. 
While  advancing  to  encounter  Lee, 
Tarleton  was  called  back  by  Corn 
wall  is  to  Hillsborough. 

Greene  had  now  received  a  reinforce 
ment  of  continental  troops,  and  several 
bodies  of  militia.  These  troops  aug 
mented  his  army  to  about  four  thou 
sand  five  hundred,  and  no  longer  wish 
ing  to  avoid  an  engagement  with  the 
British,  he  recrossed  the  Dan,  into 
North  Carolina.  Making  every  pos 
sible  preparation  for  so  important  an 
event,  he  now  marched  toward  Corn- 
wallis,  who  had  taken  post  at  Guild- 
ford  Court  House.  The  armies  met  on 
the  15th  of  March.  Early  in 
the  battle,  the  North  Carolina 
militia  were  seized  with  a  panic,  and 
fled,  terrified,  from  the  field.  The 
Virginians,  however,  firmly  and  reso 
lutely  stood  the  shock  of  the  British 
onset,  and  had  they  been  sustained 
with  equal  courage  by  the  second  Mary 
land  regiment,  victory  would  probably 
have  been  on  the  side  of  the  Ameri 
cans.  Two  six-pounders,  which  the 
Americans  brought  into  the  field,  had 
been  lost  by  the  British  at  Saratoga ; 
they  were  recovered  by  Cornwallis  at 
the  battle  of  Camden,  were  retaken  by 
Morgan  at  the  Cowpens,  and,  after 


1781. 


changing  masters  several  times  on  the 
field  of  Guildford  Court  House,  ulti 
mately  on  that  day  remained  in  pos 
session  of  the  British. 

The  battle  lasted  for  nearly  two 
hours :  it  was  one  of  the  most  severely 
contested  in  the  course  of  the  war,  and, 
although  Greene  was  compelled  to  re 
tire  from  the  field,  he  nevertheless  did 
so  in  good  order,  and  reached  Speed 
well  Iron  Works,  ten  miles  distant,  the 
same  day.  The  loss  of  the  Americans 
was  not  clearly  ascertained,  but  it  prob 
ably  amounted  to  over  a  thousand  in 
killed,  wounded,  and  missing.  The  Brit 
ish  loss  was  more  severe,  a  number  of 
their  best  officers,  and,  at  least,  a  third  of 
the  troops,  having  fallen  in  the  battle. 

Cornwallis  claimed  the  victory,  and 
endeavored  to  make  the  most  of  it  in 
his  proclamation;  yet  he  had  gained 
no  permanent  advantage.  His  army, 
which  was  weak  before,  was  much  di 
minished.  He  made  every  possible  ex 
ertion,  and  employed  all  the  means  at 
his  disposal  to  the  best  advantage.  He 
knew  that  General  Greene's  army  was 
much  more  numerous  than  his  own ; 
but  the  state  of  the  southern  provinces 
compelled  him  to  fight:  for  a  retreat 
would  have  been  nearly  equivalent  to 
discomfiture.  After  an  obstinate  con 
flict,  he  had  dislodged  the  enemy  from 
an  advantageous  position,  and  driven 
him  from  the  field ;  but  his  embarrass 
ments  were  not  relieved.  So  far  from 
being  able  to  follow  up  his  victory  and 
pursue  the  retiring  foe,  he  was  obliged 
to  fall  back.  His  army  was  so  much 
weakened,  and  the  difficulty  of  finding 
subsistence  in  that  part  of  the  country 
was  so  great,  that,  on  the  third  day  after 


124 


THE  DECISIVE  YEAR  OF  THE  WAR. 


[Bic.  III. 


the  battle,  lie  began  a  retreat,  leaving  a 
number  of  the  wounded,  who  could  not 
properly  be  removed,  at  the  Quaker 
Meeting  House,  under  the  protection 
of  a  flasf  of  truce.  The  battle  of  Guild- 

o 

ford  Court  House  was  honorable  to  the 
valor  of  Cornwallis  and  his  troops ;  but 
it  may  be  considered  as  the  first  step  in 
a  series  of  movements  which  terminated 
in  the  overthrow  of  the  British  power 
in  America. 

The  scene  was  now  changed.  Here 
tofore  Greene  had  been  retreating  be 
fore  Cornwallis;  but  now  Greene  be 
came  the  pursuer.  Though  beaten  on 
the  field,  yet  in  a  few  days  after,  he 
set  out  in  pursuit  of  the  victor  and  his 
army,  and  for  a  time  harassed  the  Brit 
ish  army  on  its  inarch  to  Wilmington. 
On  the  5th  of  April,  Greene  altered  his 
course  and  moved  from  Ramsay's  Mills, 
on  Deep  River,  towards  Camden,  where 
Lord  Rawdon  was  in  command.  On 
the  morning  of  the  20th  of  April,  he 
encamped  at  Logtown,  in  sight 
of  the  British  works.  Corn 
wallis  reached  Wilmington  on  the  Vth 
of  April,  and  hesitated  whether  to  pro 
ceed  to  Rawdon's  relief,  or  march  into 
Virginia.  The  latter  course  was  deter 
mined  upon ;  and,  after  refreshing  his 
troops,  he  set  out  on  the  25th  of  April, 
and  reached  Petersburg  on  the  25th  of 
May,  where  he  took  command  of  the 
British  forces  in  Virginia. 

Lord  Rawdon  established  his  head 
quarters  at  Camden,  a  place  fortified 
with  great  care.  The  other  principal 
posts  of  the  British  in  the  south  were, 
the  city  of  Charleston,  Ninety-Six,  and 
Augusta.  They  had,  however,  garri 
soned  several  others  of  minor  import 


ance,  so  that  their  forces  were  much 
divided.  The  disaffection  of  the  in 
habitants  to  the  British  cause,  com 
pelled  them  thus  to  divide  their  troops, 
in  order  to  maintain  such  points  as  were 
necessary  to  their  subsistence,  and  their 
communication  with  each  other.  The 
intelligence  of  the  retreat  of  Cornwal 
lis  gave  the  Americans  new  hopes  and 
new  vigor.  Sumpter  and  Marion,  by 
their  bold  but  prudent  movements, 
were  continually  gaining  advantages 
over  the  royalists.  They  thus  made 
themselves  to  be  regarded  as  chiefs,  who 
would  conduct  their  followers  to  glory 
and  success,  and  not  lead  them  into  dis 
grace  or  danger ;  and  hundreds  flocked 
to  their  standard,  who  were  organized 
into  regular  companies.  Thus  they  be 
came  so  powerful,  that  they  were  able 
to  hold  in  check  the  whole  of  lower 
Carolina,  while  Greene  with  his  army 
faced  Lord  Rawdon  in  the  Highlands. 
That  officer,  finding  that  his  position 
was  becoming  dangerous,  strengthened 
his  army  by  calling  in  his  troops  from 
places  not  susceptible  of  defence. 

While  Rawdon  was  waiting  the  ar 
rival  of  reinforcements  under  Colonel 
Watson,  General  Greene  entrenched 
himself  at  Hobkirk's  Hill,  about  a  mile 
north  of  Camden.  This  was  on  the 
24th  of  April.  The  next  day,  Rawdon, 
having  received  from  a  deserter,  such 
information  as  induced  him  to  venture 
upon  an  attack,  marched  by  a  circuit 
ous  route  and  gained  the  left  flank 
of  the  enemy  undiscovered.  The 
American  troops  were  taken  by  sur 
prise,  but  General  Greene  soon  had 
his  army  in  battle  array.  Perceiving 
that  the  British  moved  in  a  solid  but 


Cn.  VIII.] 


SUCCESSES   OF  THE   AMERICANS. 


125 


not  extended  column,  he  immediately 
caused  them  to  be  attacked  at  the  same 
time  on  both  flanks  and  in  front.  The 
battle  became  general  and  fierce.  Raw- 
don  extended  his  front,  bringing  for- 

O        O 

ward  the  Irish  volunteers.  The  steady 
discipline  of  the  British  troops  pre 
vailed,  and  Greene  ordered  a  retreat, 
which  was  conducted  in  good  order, 
the  Americans  carrying  off  their  bag 
gage,  artillery  and  some  prisoners.  The 
loss  of  th'e  Americans  in  killed,  wound 
ed,  and  missing,  was  two  hundred  and 
sixty-eight;  that  of  the  British  was 

«/  O 

nearly  equal. 

The  victory  of  Hobkirk's  Hill  was 
of  no  permanent  advantage  to  the  Brit 
ish.  Rawdon  was  inferior  in  cavalry  to 
Greene,  and  could  not  pursue  the 
Americans  to  any  purpose.  His  army 
was  weakened.  Greene  had  retreated 
no  further  than  Rugely's  Mills,  twelve 
miles  distant,  and  his  presence  operated 
strongly  in  rousing  the  people  to  resist 
ance  against  the  invaders.  Watching 

o  o 

Rawdon  very  closely,  and  dispatching 
troops  to  Marion,  in  order  to  obstruct 
the  progress  of  Watson  with  his  rein 
forcements,  Greene  waited  the  progress 
of  events.  Watson  arrived  at 
Camden  on  the  7th  of  May,  and 
Rawdon  resolved  to  attack  Greene ; 
but  he  relinquished  his  project  on  ex 
amination  of  Greene's  position. 

In  the  critical  situation  in  w^hich 
he  was  now  placed,  Rawdon  was  com 
pelled  to  evacuate  Camden.  Accord 
ingly,  on  the  10th  of  May,  having 
burned  the  jail,  mills,  some  private 
houses,  and  part  of  his  stores,  he  re 
treated  towards  Charleston.  Deprived 
of  supplies  by  the  activity  of  the  Amer- 
VOL.  II.— 16 


1781. 


icans,  it  was  wise  in  Rawdon  to  retreat 
while  it  was  in  his  power.  He  offered 
all  the  assistance  he  was  able  to  the 
loyalists  who  chose  to  accompany  him ; 
but  it  was  a  bitter  alternative,  to  aban 
don  their  houses  and  property,  or  to 
meet  the  vengeance  of  their  exasperated 
countrymen.  Several  families,  dread 
ing  the  fury  of  their  adversaries,  went 
along  with  him,  but  were  afterwards 
cruelly  neglected. 

After  the  evacuation  of  Camden,  sev 
eral  of  the  British  posts  fell  in  rapid 
succession.  On  the  llth  of  May,  the 
garrison  of  Orangeburgh,  consisting  of 
seventy  militia  and  twelve  regulars, 
yielded  to  Surnpter.  Marion  and  Lee, 
after  taking  Fort  Watson,  on  the  23d 
of  April,  crossed  the  Santee,  .and 
marched  against  Fort  Motte,  situated 
on  the  south  side  of  the  Congaree,  a 
little  above  its  confluence  with  the 
Wateree ;  they  invested  it  on  the  8th 
of  May,  and  pushed  forward  so  vigorous 
ly,  that,  after  a  brave  defence,  the 
garrison,  consisting  of  a  hundred  and 
sixty-five  men,  capitulated  on  the  12th. 
Georgetown,  a  post  on  the  Black  River, 
was  reduced  by  a  detachment  of 
Marion's  corps ;  and,  on  the  15th,  Fort 
Granby,  a  post  at  Friday's  Ferry,  on 
the  south  side  of  the  Congaree,  thirty 
miles  above  Fort  Motte,  garrisoned  by 
three  hundred  and  fifty  men,  chiefly 
militia,  surrendered  to  Lee.  Such  was 
the  exasperated  state  of  feeling  at  the 
time,  that  Lee's  militia  wished  to  vio 
late  the  capitulation,  and  to  put  to 
death  such  of  their  countrymen  as  were 
found  in  the  place.  In  order  to  check 
this  vindictive  spirit,  General  Greene 
found  it  necessary  to  declare  that  he 


126 


THE  DECISIVE  YEAR  OF  THE  WAR. 


[BK.  III. 


would  capitally  punish  any  and  every 
such  violation  of  truth  and  right. 

The  presence  of  Greene's  army,  the 
activity  and  success  of  his  adherents, 
and  the  retreat  of  Rawdon,  caused  the 
smothered  disaffection  of  the  inhabi 
tants  to  burst  into  a  flame ;  and  the 
greater  part  of  the  province  openly  re 
volted  from  the  British  authority.  In 
that  critical  emergency,  Rawdon  re 
treated  to  Monk's  Corner,  a  position 
which  enabled  him  to  cover  those  dis 
tricts  from  which  Charleston  drew  its 
more  immediate  supplies,  where  he  was 
secure  from  disaster,  and  ready  to  seize 
and  improve  any  favorable  occurrence. 
General  Greene,  having  succeeded  in 
reducing  so  many  of  the  British  posts, 
and  in  forcing  Lord  Rawdon  to  retire 
to  Monk's  Corner,  did  not  think  it  ex 
pedient  to  follow  his  lordship,  but 
turned  his  attention  to  the  western 
parts  of  the  province,  and  to  the  upper 
posts  in  Georgia.  He  ordered  Pickens 
to  assemble  the  militia  of  Ninety-Six ; 
and,  on  the  day  after  the  surrender  of 
Fort  Granby,  sent  Lee  to  join  him. 

On  the  reduction  of  Georgia  and 
South  Carolina  by  the  British,  in 
1780,  many  of  the  most  determined 
friends  of  Congress  in  the  upper  parts 
of  those  states,  retreated  across  the 
mountains,  or  fled  into  North  Carolina ; 
but  the  greater  number,  despairing  of 
the  popular  cause,  submitted  to  the 
conquerors,  flattering  themselves  with 
the  hope  of  being  allowed  to  live  in 
peace,  and  in  the  secure  enjoyment  of 
their  property.  But  when  they  found 
themselves  treated  with  overbearing 
insolence,  plundered  with  unsparing 
rapacity,  and  compelled  to  take  up 


arms  against  their  countrymen,  their 
feelings  underwent  an  entire  change, 

<-)  O      / 

and  a  spirit  of  bitter  hostility  to  the 
royal  authority  was  engendered. 

When  the  British  army,  leaving  only 
feeble  garrisons  behind,  marched  to  the 
northward  in  the  career  of  victory  and 
conquest,  this  spirit  soon  manifested 
itself.  Colonel  Clarke,  with  some  ad 
herents,  marched  against  the  British 
garrison,  at  Augusta,  But  Lieutenant- 
colonel  Cruger,  who  commanded  at 
Ninety-Six,  proceeded  to  the  relief  of 
Colonel  Brown,  the  commandant  of 
Augusta.  Clarke  was  obliged  to  flee, 
and  that  premature  insurrection  was 
suppressed.  Such  of  Clarke's  adherents 
as  fell  into  the  hands  of  Colonel  Brown 
were  treated  with  the  utmost  rigor. 
But  the  spirit  of  opposition  to  the  royal 
authority,  though  damped,  was  not  ex 
tinguished  :  armed  parties,  commonly 
acting  without  any  concert,  daily  mul 
tiplied,  and  disturbed  the  peace  of  the 
British  garrisons.  Captain  M'Koy,  with 
a  few  daring  adventurers,  infested  the 
banks  of  the  Savannah,  and  took  some 
boats  going  up  the  river  with  supplies 
to  Augusta:  he  defeated  a  party  sent 
against  him  by  Colonel  Brown  ;  but, 
though  joined  by  Colonel  Harden  and 
his  band,  he  was  afterwards  defeated 
by  Brown,  and  his  followers  for  a  while 
dispersed. 

These  desultory  encounters  were  now 
succeeded  by  more  regular  and  steady 
operations.  Colonel  Clarke,  with  inde 
fatigable  zeal,  had  again  returned  to 
his  native  province ;  and  a  number  of 
militia,  under  General  Pickens,  assem 
bled  in  the  vicinity  of  Augusta.  On 
the  fall  of  Fort  Granby,  Colonel  Lee 


Cn.  VIII.] 


GREENE  MARCHES  AGAINST  NINETY-SIX. 


127 


without  delay  marched  toward  Pickens' 
camp,  and  in  four  days  effected  a  junc 
tion  with  him.  Their  first  attempt  was 
against  Fort  Golphin  or  Dreadnought, 
at  Silver  Bluff,  on  the  Carolina  side  of 
the  Savannah,  which  was  garrisoned  by 
seventy  men :  on  the  1st  of  May,  it  sur 
rendered  to  a  detachment  of  Lee's 
legion,  under  Captain  Iludolph. 

Pickens  and  Lee  now  turned  their 
united  arms  against  Fort  Cornwallis,  at 
Augusta  :•  they  carried  on  their  ap 
proaches  against  the  place  with  skill 
and  activity  ;  but  Colonel  Brown  made 
a  most  obstinate  defence.  In  the  course 
of  the  siege  several  batteries  were  raised 
which  overlooked  the  fort,  and  two  of 
them  were  within  thirty  yards  of  the 
parapet ;  from  these  the  American 
riflemen  fired  with  such  deadly  aim, 
that  every  man  who  showed  himself, 
was  instantly  shot.  The  garrison  al 
most  buried  themselves  underground ; 
but  their  valor  was  unavailing,  and,  on 
the  5th  of  June,  they,  to  the  number 
of  three  hundred  men,  surrendered  by 
capitulation.  The  Americans  had  about 
forty  men,  killed  or  wounded,  in  the 
course  of  the  siege. 

The  British  officers  at  Augusta,  by 
their  severities,  had  rendered  them 
selves  singularly  obnoxious  to  the  in 
habitants  of  the  surrounding  country  ; 
and,  after  the  surrender,  Colonel  Grier- 
son  was  shot  dead,  by  some  unknown 
person,  and  Colonel  Brown  was  saved 
only  from  instant  punishment  for  his 
outrages,  by  being  sent  under  an  escort 
to  Savannah. 

While  these  operations  were  going 
on  in  Georgia,  General  Greene  with  his 
troops  marched  against  Ninety-Six,  in 


South  Carolina,  The  place  was  well 
fortified,  and  Colonel  Cruger  was  in 
command,  with  about  five  hundred  and 
fifty  men.  Rawdon  sent  messengers  to 
Cruger,  to  abandon  the  post,  and  retire 
to  Augusta,  but  these  messengers  never 
reached  Ninety-Six,  and  accordingly 
Cruger  held  out.  Towards  the  close 
of  May,  Greene  invested  the  post,  and 
made  regular  approaches.  The  garrison 
was  summoned  to  surrender,  on  the  3d 
of  June,  but  refused  positively.  The 
siege  was  pushed  on  with  vigor,  and  no 
doubt  the  Americans  would  ultimately 
have  been  successful,  had  not  Rawdon, 
reinforced  by  the  arrival  of  troops  from 
England,  marched  from  Charleston  with 
two  thousand  men,  to  relieve  Crusrer. 

'  O 

On  the  18th  of  June,  an  assault  was 
made,  but  as  it  did  not  result  in  carry 
ing  the  fort,  Greene,  on  the  20th,  crossed 
the  Saluda,  and  retreated  before  Raw 
don.*  That  officer  set  out  in  pursuit, 
but  did  not  continue  it  long. 

General  Greene's  retreat  ceased  with 
the  pursuit.  Lord  Rawdon  found  it 
necessary  to  evacuate  Ninety-Six,  and 
contract  his  posts ;  and  as  the  loyal  in 
habitants  of  that  district  durst  not  await 
the  vengeance  of  their  enraered  coun- 

o  o 

trymen,  he  left  more  than  half  his  force 
under  Colonel  Cruger,  to  escort  them 
on  their  removal ;  and,  after  remaining 
only  two  days  at  Ninety-Six,  began  his 
march  to  the  Congaree,  with  eight  hun 
dred  infantry  and  six  hundred  cavalry, 
expecting  to  be  there  joined  by  a  strong 


*  "While  General  Greene  was  in  this  position  of 
affairs,  he  was  advised  to  abandon  the  contest  and 
retire  to  Virginia  with  the  force  he  had  remaining. 
To  all  such  advice  he  replied,  "  I  will  recover  South 
Carolina,  or  die  in  the  attempt!" 


128 


THE  DECISIVE  YEAR  OF  THE  WAR. 


[BK.  Hi. 


reinforcement,  which  had  been  ordered 
from  Charleston.  That  reinforcement 
had  not  set  out  so  early  as  was  intended, 
and  the  letter  informing  Rawdon  of  the 
delay,  had  been  intercepted. 

The  British  commander  probably  be 
lieved  that  General  Greene  was  driven 
out  of  South  Carolina ;  but  that  officer 
had  only  retreated  behind  Broad  River; 
and  no  sooner  did  he  hear  of  the  division 
of  the  British  forces,  than  he  returned 
towards  the  Congaree.  Soon  after  Raw- 
don's  arrival  on  the  last  named  river, 
one  of  his  foraging  parties  was  surprised 
by  Lee's  legion,  within  a  mile  of  the 
British  camp,  and  about  forty  cavalry 
made  prisoners.  The  appearance  of 
the  American  light  troops  in  that  part 
of  the  country,  convinced  his  lordship 
that  General  Greene  was  not  far  off. 
He  retreated  towards  Orangeburgh, 
where  he  arrived  in  safety,  after  some 
interruption  from  the  American  light 
troops,  and  where  he  was  joined  by  the 
expected  reinforcements  from  Charles 
ton,  under  Colonel  Stuart.  That  rein 
forcement  Marion  endeavored  to  inter 
rupt,  but  failed  in  his  main  purpose,  and 
gained  only  a  few  waggons. 

On  the  Congaree,  General  Greene 
was  joined  by  Marion  and  Sumpter, 
with  one  thousand  men ;  and,  on  the 
llth  of  July,  marched  towards  Orange- 
burgh,  with  the  intention  of  attacking 
the  British  army  in  its  camp :  but,  on 
arriving  there  next  day,  found  it  so 
strongly  posted,  that  he  did  not  venture 
to  make  any  attempt  on  it.  While 
there,  General  Greene  was  informed 
that  Ninety-Six  had  been  evacuated, 
and  that  Colonel  Cruger  was  on  his 
march  to  Orangeburgh ;  but  the  riv- 


1781. 


er,  which,  for  thirty  miles,  was  pas 
sable  at  no  point,  except  that  com 
manded  by  Rawdon's  position,  pre 
sented  an  insuperable  barrier  to  any 
attempt  on  Cruger.  General  Greene, 
therefore,  retreated  over  the  Congaree, 
and  marched  to  the  high  hills  of  San- 
tee.  In  order,  however,  to  alarm  Raw- 
don  for  his  lower  posts,  he,  on  the  13th 
of  July,  when  leaving  the  vicinity  of 
Orangeburgh,  detached  Snmpter,  Ma 
rion,  and  Lee,  towards  Monk's  Corner 
and  Dorchester.  Lee  captured  a  num 
ber  of  waggons,  with  provisions  and 
stores.  Colonel  Hampton  made  a  gal 
lant  dash  upon  a  party  of  British  dra 
goons  within  sight  of  Charleston,  and 
carried  off  fifty  prisoners.  Sumpter 
made  an  attack  upon  the  Brit 
ish,  under  Colonel  Coates,  at 
Bic^nn's  Church:  Coates  retreated  in 

OO 

the  night,  and  was  vigorously  pursued 
by  the  Americans ;  but  after  a  sharp 
contest,  he  succeeded  in  effecting  his 
retreat.* 

The  weather  now  became  extremely 
warm ;  and  in  that  climate,  the  intense 
heat  of  summer,  as  effectually  stops 
military  operations,  as  the  rigor  of  win 
ter  in  higher  latitudes.  In  that  inter 
val  of  inaction,  Rawdon  availed  him 
self  of  leave  of  absence,  obtained  some 
time  before  on  account  of  ill  health, 
and  embarked  for  Europe.f  On  his 

*  See  Mr.  Simms's  "  JEutaw  ;  a  Tale  of  the  Revo 
lution,"  p.  310,  etc.  Also,  Marshall's  "Life  of  Wash 
ington,"  vol.  ii.,  pp.  13,  15. 

t  It  was  just  before  his  departure,  that  Lord  Raw 
don  signalized  himself,  by  an  act  of  vindictive  cruelty, 
which  has  left  an  indelible  blot  upon  his  name.  The 
execution  of  Colonel  Isaac  Ilayne,  will  never  be  for 
gotten,  and  the  indignation  which  it  excited  through 
out  the  country,  came  near  to  leading  to  the  most 


CH.  VIII.] 


THE   BATTLE  OF  EUTAW  SPRINGS. 


129 


departure,  the  command  of  the  troops 
at  Orano:ebur<2:h  devolved  on  Colonel 

o  o 

Stuart. 

General  Greene  reached  the  high 
hills  of  Santee,  on  the  16th  of  July, 
and  remained  there  till  the  22d  of 
August.  For  six  months,  his  army  had 
been  incessantly  employed  in  marching 
and  fighting ;  and  though  he  had  gain 
ed  no  victory,  and  had  been  repulsed, 
from  the  siege  of  Ninety-Six,  yet  he 
had  not  only  kept  the  field,  but  had 
compelled  the  British  to  abandon  all 
their  posts  in  the  interior  parts  of  the 
country.  The  activity,  prudence, 
courage,  and  perseverance  of  General 
Greene,  were  beyond  all  praise,  and  he 
received  the  merited  thanks  of  every 
lover  of  his  country. 

The  British  having  resumed  their 
station  on  the  south  side  of  the  Con- 
garee,  General  Greene  concerted  meas 
ures  for  forcing  them  a  second  time 

O 

from  their  posts  in  this  quarter.  After 
a  tedious  circuit,  with  a  portion  of  his 
men  almost  naked,  and  the  rest  miser 
ably  clad,  he  crossed  the  Wateree  and 
Congaree,  and  was  soon  after  joined  by 
General  Pickens,  with  the  Ninety-Six 
militia,  and  by  General  Marion,  with 
the  troops  under  his  command.  The 
whole  American  force  being  thus  col 
lected,  very  early,  on  the  morning  of 
the  8th  of  September — we  quote  the 
account  of  Gordon* — Greene  proceed 
ed  to  attack  the  British  army  under 


severe  retaliatory  measures.  For  a  full  account  of 
this  whole  matter,  the  reader  is  referred  to  Gordon's 
"History  of  the  American  Revolution"  vol.  iii.,  pp. 
202-5. 

*  Gordon's  "  History  of  the  American  Revolution" 
vol.  iii.,  p.  242. 


command  of  Colonel  Stuart,  who  had 
retired  from  the  Congaree  about  forty 
miles,  and  taken  post  at  the  Eutaw 
Springs,  sixty  miles  north  of  Charleston. 
The  Americans  and  British  were  nearly 
equal  in  number,  about  two  thousand ; 
but  new-raised  levies  and  militia,  formed 
the  greatest  part  of  the  first.  Greene 
drew  up  his  troops  in  two  lines.  The 
front  consisted  of  the  militia  from  North 
and  South  Carolina,  and  was  command 
ed  by  Marion,  Pickens,  and  Colonel  de 
Malmedy.  The  second  consisted  of  the 
continental  troops  from  North  Carolina, 
Virginia,  and  Maryland,  and  were  led 
on  by  General  Sumner,  Lieutenant- 
Colonel  Campbell,  and  Colonel  O.  Wil 
liams.  Lee,  with  his  legion,  covered 
the  right  flank,  and  Henderson  with 
the  state  troops,  the  left.  Washington 
with  his  cavalry,  and  Captain  Kirk- 
wood,  with  the  Delaware  troops,  formed 
a  corps  de  reserve.  They  marched  at 
four  o'clock  in  the  morning,  and  fell  in 
with  two  advanced  parties  of  the  British 
about  four  miles  ahead  of  their  main 
army  ;  these,  being  briskly  charged  by 
the  legion  and  state  troops,  soon  re 
tired.  The  front  line  advanced,  and 
continued  firing  and  advancing  on  the 
British,  till  the  action  became  general, 
when  they  in  their  turn  were  obliged 
to  give  way.  They  were  well  supported 
by  General  Sumner's  North  Carolina 
brigade  of  Continentals,  though  they 
had  been  under  discipline  only  for  a 
few  weeks,  and  were  chiefly  composed 
of  militia  men,  who  had  been  transfer 
red  to  the  continental  service,  to  make 
reparation  for  their  precipitate  flight  in 
former  actions.  In  the  hottest  of  the 
engagement  while  great  execution  was 


130 


THE   DECISIVE  YEAR  OF  THE  WAR. 


.  III. 


doing  on  both  sides,  "Williams  and 
Campbell,  with  the  Maryland  and  Vir 
ginia  continentals,  were  ordered  by 
Greene  to  charge  with  trailed  arms. 
Nothing  could  surpass  the  intrepidity 
of  both  officers  and  men,  on  this  occa 
sion.  They  pushed  on  in  good  order, 
through  a  heavy  cannonade,  and  a 
shower  of  musketry,  with  such  un 
shaken  resolution,  that  they  bore  do\vn 
all  before  them.  Lee,  with  great  ad 
dress  and  good  conduct,  turned  the  left 
flank  of  the  British,  and  attacked  them 
at  the  same  time  in  the  rear.  Hender 
son  being  wounded  early  in  the  action, 
the  South  Carolina  state  troops  were 
led  on  by  Lieutenant-Colonel  Hamp 
ton,  the  next  in  command,  to  a  very 
spirited  and  successful  charge,  in  which 
they  took  upward  of  one  hundred  pris 
oners.  The  British  were  routed  in  all 
quarters.  Washington  brought  up  the 
corps  de  reserve  on  the  left,  and  charged 
so  briskly  with  his  cavalry,  and  Kirk- 
wood's  infantry,  as  gave  the  enemy  no 
time  to  rally  or  form.  They  were  close 
ly  pursued.  On  their  retreat,  numbers 
threw  themselves  into  a  strong  brick 
house ;  others  took  post  in  a  picket 
ed  garden,  and  among  impenetrable 
shrubs.  The  eagerness  of  the  Ameri 
cans  urged  them  to  attack  the  enemy 
in  these  positions.  Washington  made 
every  possible  exertion  to  dislodge  them 
from  the  thickets ;  but  failed,  had  his 
horse  shot  under  him,  was  wounded, 
and  taken  prisoner.  Four  six-pounders, 
two  of  which  had  been  abandoned  by 
the  enemy,  were  ordered  up  before  the 
house,  and  pushed  on  so  much  under 
the  command  of  the  fire  from  thence 
and  the  thickets,  that  they  could  not 


be  brought  off  again,  when  Greene, 
judging  all  further  efforts  improper, 
ordered  the  troops  to  retire. 

The  Americans  collected  all  their 
wounded,  except  those  under  the  com 
mand  of  the  fire  of  the  house,  and  re 
tired  to  the  ground  from  which  they 
marched  in  the  morning,  there  being 
no  water  nearer,  and  the  troops  ready 
to  faint  with  the  heat  and  want  of  re 
freshment  ;  the  action  having  continued 
near  four  hours,  and  been  by  far  the 
hottest  Greene  ever  saw,  and  the  most 
bloody  for  the  numbers  engaged.  He 
left  a  strong  picket  on  the  field  of 
battle. 

In  the  evening  of  the  next  day, 
Lieutenant-Colonel  Stuart  destroyed  a 
great  quantity  of  his  stores,  abandon 
ed  the  Eutaw,  and  moved  towards 
Charleston,  leaving  upwards  of  seventy 
of  his  wounded,  and  one  thousand  stand 
of  arms.  He  was  pursued  for  several 
miles,  but  without  effect.  Though  Ma 
jor  M1  Arthur  joined  him,  with  a  large 
reinforcement,  fourteen  miles  below  the 
Eutaw,  the  action  was  not  renewed. 
Indeed,  the  loss  of  the  British  was 
heavy :  five  hundred  were  taken  pris 
oners,  including  the  wounded  left  be 
hind  them :  they  scarcely  suffered  less 
in  killed,  and  the  wounded  whom  they 
carried  off.  Several  of  their  officers 
were  paroled  on  the  field  of  battle ; 
two  were  killed,  and  sixteen  wounded. 
The  Americans  hud  one  hundred  and 
fourteen  killed,  three  hundred  wound 
ed,  and  forty  missing,  in  all  four  hun 
dred  and  fifty-four :  officers  killed  and 
mortally  wounded,  twenty-two ;  wound 
ed,  thirty-thine ;  in  all  sixty-one.  Among 
the  killed,  Lieutenant-Colonel  Camp- 


Cn.  VIII.] 


CAMPAIGN   CLOSED   IN   CAROLINA. 


131 


bell,  of  the  Virginia  line,  was  the  theme 
of  universal  lamentation.  While,  with 
great  firmness,  he  was  leading  on  his 
brigade  to  that  charge  which  deter 
mined  the  fate  of  the  day,  he  received 
a  mortal  wound.  After  his  fall,  he  in 
quired  who  gave  way,  and  being  in 
formed  the  British  were  fleeing  in  all 
quarters,  he  added,  "I  die  contented!" 
and  immediately  expired. 

The  success  of  the  American  army 
in  the  first  part  of  the  engagement, 
spread  such  an  alarm,  that  the  British 
burned  their  stores  at  Dorchester,  and 
evacuated  their  posts  near  Monk's  Cor 
ner.  The  gates  of  Charleston  were 
shut,  and  a  number  of  negroes  em 
ployed  in  felling  trees  across  the  road 
on  the  neck.  The  number  of  Greene's 
force  actually  engaged  was  one  thou 
sand  four  hundred  regulars,  and  five 
hundred  militia,  in  all  one  thousand 
nine  hundred ;  of  these  five  hundred 
and  forty-seven,  including  seventy-two 
subalterns  and  sergeants,  were  killed  or 
wounded.  Such  was  the  heat  of  the 
action,  that  the  officers  on  each  side 
fought  hand  to  hand,  and  sword  to 
sword.  The  British  could  not  compel 
the  continentals  to  give  way,  though 
the  militia  were  obliged  to  retire.  Con 
gress  resolved,  October  29th,  to  honor 
Greene  with  a  British  standard  and  a 
gold  medal;  and  voted  their  thanks 
to  the  different  corps  and  their  com 
manders. 

After  the  action,  the  Americans  re 
tired  to  their  former  position,  on  the 
high  hills  of  Santee,  and  the  British 
took  post  in  the  vicinity  of  Monk's 
Corner.  While  they  lay  there,  a  small 
party  of  American  cavalry  took  up 


wards  of  eighty  prisoners  within  sight 
of  their  main  army.  They  no  more 
acted  with  their  usual  vigor.  On  the 
slightest  appearance  of  danger,  they 
discovered'  a  disposition  to  flee,  not 
much  inferior  to  what  was  exhibited 
the  year  before  by  the  American  mi 
litia. 

With  the  battle  of  Eutaw  Springs, 
the  war  was  virtually  closed  in  South 
Carolina.  At  the  commencement  of 
the  campaign,  the  British  were  in  force 
all  over  the  state  ;  at  its  close  they 
durst  not,  but  with  great  precaution, 
venture  twenty  miles  from  Charleston. 
A  few  excursions  were  made,  and  sev 
eral  rencontres  happened,  but  they 
were  none  of  them  of  consequence. 
Toward  the  end  of  November,  General 
Greene,  with  a  detachment  of  his  army, 
suddenly  appeared  before  the  British 
post  at  Dorchester ;  and,  after  some 
skirmishing,  the  British  garrison  retired 
to  the  vicinity  of  Charleston.  Greene 
posted  his  troops  on  both  sides  of  the 
River  Ashley ;  completely  covered  the 
country  from  the  Cooper  to  the  Edisto; 
and  confined  the  British  to  Charleston 
Neck,  and  the  neighboring  islands.  In 
Georgia,  the  British  force  was  concen 
trated  at  Savannah.  During  the  entire 
service  of  the  campaign,  General  Greene 
was  greatly  assisted  by  a  small,  but  ac 
tive,  indefatigable,  and  daring  body  of 
cavalry.  It  was  during  this  campaign, 
that  an  expedition  was  successfully  con 
ducted  by  General  Pickens  against  the 
Cherokees,  who  had  been  instigated  to 
take  up  the  hatchet  against  the  Ameri 
cans.  The  savages  were  vanquished, 
and  compelled  to  sue  for  peace. 

Lord  Cornwallis,  as  mentioned  on  a 


-I  on 
J.O.3 


THE  DECISIVE  YEAR   OF  THE  WAR. 


III. 


previous  page,  supposing  that  Lord 
Rawdon  would  be  able  to  hold  Caro 
lina  against  General  Greene,  had  pro 
ceeded  to  Petersburg,  in  Virginia.  Here 
he  received  the  unwelcome  news  of 
General  Phillips's  death ;  but  had  the 
consolation  of  meeting  with  a  fresh  re 
inforcement  of  about  one  thousand  eight 
hundred  men,  whom  Sir  Henry  Clinton 
had  sent  to  support  the  war  with  vigor. 
Lord  Cornwallis,  on  taking  the  com 
mand,  felt  himself  so  superior  to  the 
American  force,  that  he  exulted  in 
the  prospect  of  success  ;  and,  despising 
the  youth  of  Lafayette,  unguardedly 
wrote  to  Great  Britain  ;  "  the  boy  can 
not  escape  me  !"  The  marquis's  little 
army  consisted  of  one  thousand  conti 
nentals,  two  thousand  militia,  and  sixty 
dragoons.  Cornwallis  proceeded  from 
Petersburg  to  James  River,  which  he 
crossed,  in  order  to  dislodge  Lafayette 
from  Richmond ;  it  was  evacuated  on 
the  2*7th.  His  lordship  then  marched 
through  Hanover  county,  and  crossed 
the  South  Anna  River,  Lafayette  con 
stantly  following  his  motions,  but  at  a 
guarded  distance,  in  every  part  of  his 
progress.  His  lordship  at  one  time 
planned  the  surprisal  of  Lafayette, 
while  on  the  same  side  of  James  River 
with  himself;  but  was  diverted  from 
his  intention  by  a  spy,  who  had  been 
sent  into  his  camp.  Lafayette  was 
very  desirous  of -obtaining  full  intelli 
gence  concerning  Cornwallis,  and  con 
cluded  upon  prevailing,  if  possible, 
upon  one  Charles  (generally  called 
Charley)  Morgan,  a  Jersey  soldier,  of 
whom  he  had  entertained  a  favorable 
opinion,  to  turn  deserter,  and  go  over 
to  the  British  army,  in  order  to  his 


executing  the  business  of  a  spy  more 
effectually.  Charley  was  sent  for,  and 
agreed  to  undertake  the  hazardous  em 
ploy;  but  insisted,  that  in  case  he 
should  be  discovered  and  hanged,  La 
fayette,  to  secure  his  reputation,  should 
have  it  inserted  in  the  Jersey  paper, 
that  he  was  sent  upon  the  service  by 
his  commander.  Charley  deserted,  and 
when  he  had  reached  the  royal  army, 
was  carried  before  Cornwallis,  who 
inquired  into  the  reason  of  his  desert 
ing,  and  received  for  answer — "  I  have 
been,  my  lord,  with  the  American 
army  from  the  beginning,  and  while 
under  General  Washington  was  satis 
fied  ;  but  being  put  under  a  French 
man,  I  do  not  like  it,  and  have  left  the 
service."  Cornwallis  commended  and 
re  warded  his  conduct.  Charley  was  very 
diligent  in  the  discharge  of  his  military 
duty,  and  was  not  in  the  least  suspected, 
but  at  the  same  time  carefully  observed 
all  that  passed.  One  day,  while  on  par 
ticular  duty  with  his  comrades,  Corn 
wallis,  in  close  conversation  with  some 
officers,  called  Charley  to  him,  and  said, 
"  How  long  time  will  it  take  the  mar 
quis  to  cross  James  River?"  Char 
ley  paused  a  moment,  and  answered, 
"Three  hours,  my  lord."  His  lordship 
exclaimed,  "  Three  hours  !  why  it  will 
take  three  days."  "  No,  my  lord,"  said 
Charley, "  the  marquis  has  so  many  boats, 
and  each  boat  will  carry  so  many  men. 
If  your  lordship  will  be  at  the  trouble 
of  calculating,  you  will  find  he  can  cross 
in  three  hours."  His  lordship  turned 
to  the  officers,  and  in  the  hearing  of 
Charley,  remarked,  "The  scheme  will 
not  do."  Charley  concluded  this  was 
the  moment  for  his  returning  to  La- 


Cu.  VIII.] 


EXPEDITIONS   OF  TARLETON   AND   SIMCOE. 


fayette.  He,  as  soon  as  possible,  plied 
his  comrades  with  grog,  till  they  were 
well  warmed,  and  then  opened  his 
masked  battery.  He  complained  of 
the  wants  that  prevailed  in  the  British 
camp,  commended  the  supplies  with 
which  the  American  abounded,  ex 
pressed  his  inclination  to  return,  and 
then  asked,  "What  say  you,  will  you 
go  with  me  ?"  They  agreed.  It  was 
left  with  him  to  manage  as  to  the  sen 
tries.  To  the  first  he  offered,  in  a  very 
friendly  manner,  the  taking  a  draught 
of  rum  out  of  his  canteen.  While  the 
fellow  was  drinking,  Charley  secured 
his  arms,  and  then  proposed  his  desert 
ing  with  them,  to  which  he  consented 
through  necessity.  The  second  was 
served  in  like  manner.  Charley  Mor 
gan,  by  his  management,  carried  off 
seven  deserters  with  him.  When  he 
had  reached  the  American  army,  and 
was  brought  to  head-quarters,  Lafay 
ette  upon  seeing  him,  cried  out,  "  Ha ! 
Charley,  are  you  got  back?"  "Yes, 
and  please  your  excellency,  and  have 
brought  seven  more  with  me,"  was  the 
answer.  When  Charley  had  related  the 
reason  of  his  returning,  and  the  obser 
vations  he  had  made,  Lafayette  offered 
him  money ;  but  he  declined  accepting 
it,  and  only  desired  to  have  his  gun 
again.  Lafayette  then  proposed  to 
promote  him  to  the  rank  of  a  corporal 
or  sergeant.  To  this  Morgan  replied: 
"I  will  not  have  any  promotion.  I 
have  abilities  for  a  common  soldier,  and 
have  a  good  character;  should  I  be 
promoted,  my  abilities  may  not  answer, 
and  I  may  lose  my  character."  He 
however  nobly  requested  for  his  fellow 
soldiers,  who  were  not  so  well  supplied 

VOL.  11—17 


1781. 


with  shoes,  stockings  and  clothing  as 
himself,  that  Lafayette  would  promise 
to  do  what  he  could  to  relieve  their 
distresses,  which  he  easily  obtained.* 

Lord  Cornwallis  was  informed  about 
this  time,  that  a  number  of  the  prin 
cipal  men  of  Virginia,  were  assembled 
in  convention,  at  Charlotteville,  to  reg 
ulate  the  affairs  of  the  province,  and 
that  Baron  Steuben  was  posted  at  the 
Point  of  Fork,  situated  at  the  junction 
of  the  rivers  James  and  Rivaua.  The 
Americans  had  established  at  this  place 
magazines  of  arms  and  munitions  of 

o 

war.  These  advices,  added  to 
the  consideration  that  this  part 
of  the  territory,  not  having  yet  been 
the  theatre  of  war,  was  likely  to  abound 
in  every  kind  of  supplies,  determined 
Lord  Cornwallis  to  attempt,  first  of  all, 
the  expeditions  of  Charlotteville,  and 
the  Point  of  Fork.  He  committed  the 
first  to  Tarleton,  the  second  to  Sinicoe. 
Both  were  crowned  with  success. 

The  first,  by  the  rapidity  of  his 
march,  arrived  so  unexpectedly  upon 
the  city,  that  he  seized  a  number  of 
deputies,  and  made  himself  master  of  a 
considerable  quantity  of  warlike  stores 
and  provisions.  But  the  personage, 
whom  he  had  it  most  at  heart  to  secure, 
was  one  of  those  who  escaped  him,  and 
that  was  Thomas  Jefferson,  afterwards 
one  of  the  most  distinguished  men  in 
the  United  States;  having  had  the 
good  fortune  to  be  timely  apprised  of 
the  approach  of  the  British  troops,  he 
put  himself  out  of  their  reach;  not, 
however,  without  having  first  provided 

*  Gordon's  "History  of  the  American  Revolution" 
vol.  iii.,  p.  207. 


134 


THE  DECISIVE  YEAR  OF  THE  WAR. 


[BK.  III. 


for  the  safety  of  no  small  quantity  of 
arms  and  ammunition. 

If  Tarleton  had  sometimes  com 
plained  of  the  too  great  benignity  of 
his  comrades,  no  one,  assuredly,  could 
make  him  the  same  reproach.  His 
rapacity  and  cruelty  no  longer  ob 
served  any  bounds;  nothing  was  sa 
cred  in  his  sight,  nothing  escaped  his 
barbarous  hands. 

Sinicoe,  on  his  part,  had  moved  with 
equal  celerity  against  Baron  Steuben. 
That  general  might  have  made  a  vig 
orous  resistance  ;  but  supposing  that  he 
was  attacked  by  the  entire  British  force, 
he  made  a  precipitate  retreat. 

When  Colonels  Tarleton  and  Simcoe 
were  returned  to  camp,  Lord  Corn- 
wallis,  traversing  a  rich  and  fertile 
country,  marched  upon  Richmond,  on 
the  17th  of  June,  and,  a  little  after, 
upon  Williamsburg,  the  capital  of 
Virginia.  His  light  troops,  however, 
could  no  longer  forage  at  large ;  Lafay 
ette  had  joined  Baron  Steuben,  and, 
having  been  reinforced  by  the  Penn 
sylvania  regiments  of  General  Wayne, 
he  found  himself,  with  a  force  of  four 
thousand  men,  in  a  situation  to  watch 
all  the  movements  of  the  British  army, 
and  to  cut  off  the  parties  that  ventured 
to  stray  from  it.  Cornwallis  received 
at  this  same  time,  orders  from  General 
Clinton,  requiring  him  to  re-embark  a 
'part  of  his  troops  for  New  York.  Not 
that  Clinton  meditated  any  important 
stroke;  but  he  had  been  advised  of 
the  approach  of  the  allies,  and  he  ex 
pected  to  see  the  storm  burst  upon  his 
head.  He  feared  at  the  same  time  for 
New  York,  Staten  Island,  and  Long 
Island ;  his  force  was  not  sufficient  for 


their  defence.  In  order  to  obey,  Corn 
wallis,  early  in  July,  marched  his  troops 
towards  the  banks  of  the  James  river. 
He  intended,  after  having  passed  it,  to 
repair  to  Portsmouth,  where  he  pur 
posed  despatching  the  corps  destined  for 
New  York.  But  as  Lafayette  followed 
him  extremely  close,  he  found  himself 
constrained  to  make  a  halt  upon  the 
left  bank  of  the  river,  and  to  take  pos 
session  of  a  strong  position,  in  order  to 
repress  the  impetuosity  of  his  adver 
sary,  and  give  time  to  his  troops  for 
passing  the  artillery,  munitions  and 
baggage,  to  the  other  side.  He  en 
camped,  therefore,  along  the  river, 
having  his  right  covered  by  a  pond, 
and  the  centre  and  left  by  swamps. 

Meanwhile,  the  American  van-guard, 
commanded  by  General  Wayne,  had 
advanced  very  near.  The  English  des 
patched  spies  among  the  Americans,  in 
order  to  make  them  believe  that  the 
bulk  of  the  royal  army  had  already 
passed  to  the  right  bank,  and  that  only 
the  rear-guard  remained  upon  the  left, 
consisting  of  the  British  legion  and 
some  detachments  of  infantry.  Whether 
the  Americans  allowed  themselves  to 
be  caught-  in  this  snare,  or  that  they 
were  hurried  away  by  an  inconsiderate 
valor,  they  fell  with  great  fury  upon 
the  royal  troops.  Already  the  regular 
regiments  of  Pennsylvania,  led  by  Gen 
eral  Wayne,  had  passed  the  swamp, 
and  fiercely  assailed  the  left  wing  of 
the  royalists ;  and  notwithstanding  the 
great  superiority  of  the  enemy,  the 
assailants  appeared  nowise  daunted. 
But  the  English  having  passed  the 
pond,  advanced  against  the  left  wing, 
which  consisted  entirely  of  militia. 


CH.  VIII.] 


CORNWALLIS   ENCAMPS   AT  YORKTOWN. 


135 


Having  dispersed  it  without  difficulty, 
they  showed  themselves  upon  the  left 
flank  of  Wayne.  At  the  same  time, 
extending  their  own  left  beyond  the 
swamp,  they  had  turned  his  right,  and 
manifested  an  intention  of  surrounding 

O 

him  on  every  side.  Lafayette  per 
ceived  this  manoeuvre,  and  immediately 
directed  Wayne  to  fall  back.  He  was 
unable  to  execute  this  movement,  with 
out  leaving  two  pieces  of  cannon  in  the 
power  of  the  enemy.  Lafayette  re 
mained  some  time  at  Green  Springs,  in 
order  to  collect  the  scattered  soldiers. 
Cornwallis  re-entered  his  entrench 
ments.  The  approach  of  night,  and 
the  nature  of  the  country,  broken  with 
woods  and  marshes,  prevented  him 
from  pursuing  the  Americans. 

The  next  morning,  before  sunrise,  he 
detached  his  cavalry  upon  the  route 
which  had  been  taken  by  Lafayette, 
with  orders  to  hang  upon  his  rear,  and 
harass  him  as  much  as  possible.  All 
the  harm  it  did  him,  consisted  in  the 
taking  of  a  few  soldiers  who  had  labored 

*— '  OO 

behind.  Perhaps,  if  Cornwallis  had  ad 
vanced  the  following  day  with  all  his 
force,  he  might  have  cut  off  Lafayette 
entirely.  But  all  his  views  were  di 
rected  towards  Portsmouth,  in  order  to 
embark  the  troops  there  which  Clinton 
expected  at  New  York.  When  he  had 
passed  the  James  river  with  his  whole 
army,  he  accordingly  hastened  to  Ports 
mouth  :  but,  upon  a  strict  examination 
of  places,  he  was  convinced  that  they 
did  not  offer  him  a  position  suitable  by 
its  strength  and  other  advantages,  to 
favor  the  ulterior  designs  of  Clinton. 
He  proceeded,  however,  with  diligence, 
to  embark  the  troops.  In  the  mean 


time,  he  received  new  instructions  from 
Clinton,  directing  him  to  return  to 
Williamsburg,  to  retain  all  the  troops 
he  had  with  him,  and,  instead  of  Ports 
mouth,  to  make  his  place  of  arms  at 
Point  Comfort,  in  order  to  have,  in  any 
event,  a  secure  retreat. 

Two  principal  causes  had  determined 
General  Clinton,  to  embrace  this  new 
resolution :  he  had  received  from  Eu 
rope  a  reinforcement  of  three  thou 
sand  Germans ;  and  he  was  influenced, 
besides,  by  a  desire  to  open  himself  a 
passage,  by  way  of  Hampton  and  the 
James  river,  towards  that  fertile  and 
populous  pail  of  Virginia,  which  lies 
between  the  James  and  York  rivers. 
But  Point  Comfort,  on  attentive  exami 
nation,  was  found  an  equally  unfavor 
able  and  defective  position  for  an  en 
trenched  camp,  and  no  less  incompetent 
than  Portsmouth,  for  the  purposes  in 
view.  It  was  therefore  determined  to 
relinquish  the  design  of  fortifying  it. 
The  plan  of  future  operations  requir 
ing,  however,  the  occupation  of  a  fixed 
point  in  the  country,  comprehended 
by  the  above-mentioned  rivers, 
Lord  Cornwallis  resolved,  on 
the  1st  of  August,  to  repass  James 
river,  with  all  his  army,  and  take  up 
his  head-quarters  at  Yorktown.  La 
fayette  was  desirous  to  oppose  his  pas 
sage  ;  but  the  Americans  that  were  in 
his  camp,  would  not  consent  to  march 
lower  down  towards  Portsmouth. 

Yorktown  is  a  village  situated  upon 
the  right  bank  of  the  York  river,  and 
opposite  to  another  smaller  town  called 
Gloucester.  The  latter  is  built  upon  a 
point  of  land,  which  projects  into  the 
river  from  the  left  side,  and  which  con- 


1781. 


136 


THE   DECISIVE  YEAR  OF  THE  WAR. 


BR.  III. 


siderably  diminishes  the  breadth  of  its 
channel.  The  water  is  deep  there,  and 
capable  of  receiving  the  largest  ships 
of  war.  On  the  right  of  Yorktown, 
flows  a  marshy  stream ;  in  front  of  the 
place,  for  the  distance  of  a  mile,  the 
ground  is  open  and  level.  In  advance 
of  this  plain,  is  a  wood,  whose  left  ex 
tends  to  the  river,  and  whose  right  is 
bordered  by  a  creek.  Beyond  the 
wood,  the  country  is  cleared  and  culti 
vated.  Cornwallis,  by  the  22d  of 
August,  succeeded  in  entrenching  him 
self  on  this  ground,  in  the  strongest 
possible  manner.  Lafayette,  on  his 
part,  took  such  position  as  would  en 
able  him  to  watch  the  movements  of 
the  British,  and,  as  far  as  practicable, 
prevent  their  foraging  in  the  country. 
The  admirable  qualities  which  he  had 
displayed,  in  the  responsible  station  in 
which  he  had  been  placed  by  Wash 
ington,  called  forth  the  warmest  en 
comiums  from  the  commander-in-chief. 
The  French  court,  who  had  watched 
attentively  the  position  and  progress 
of  affairs  in  America,  determined  to 
send  such  naval  force  to  the  United 
States,  as  would  give  them  a  superi 
ority  over  the  British,  and  en 
able  Washington  to  strike  a 
decisive  blow  in  behalf  of  his  country. 
In  accordance  with  this  design,  the 
Count  de  Grasse  set  sail  in  March,  of 
this  year,  from  Brest,  with  twenty-five 
ships  of  the  line,  several  thousand  land 
forces,  and  a  large  convoy,  amounting 
to  more  than  two  hundred  ships.  A 
small  part  of  this  force  was  destined  for 
the  East  Indies ;  but  De  Grasse,  with 
the  greater  part,  sailed  for  Martinique. 
The  British  fleet,  then  in  the  West 


1781. 


Indies,  had  been  previously  weakened 
by  the  departure  of  a  squadron,  for  the 
protection  of  the  ships  which  were  em 
ployed  in  carrying  to  England  the 
booty  which  had  been  taken  at  St. 
Eustatius.  The  British  admirals,  Hood 
and  Drake,  were  detached,  to  intercept 
the  outward  bound  French  fleet,  com 
manded  by  Count  de  Grasse ;  but  a 
junction  between  his  force  and  eight 
ships  of  the  line,  and  one  of  fifty  guns, 
which  were  previously  at  Martinique 
and  St.  Domingo,  was  nevertheless 
effected.  By  this  combination  of  fresh 
ships  from  Europe,  with  the  French 
fleet  previously  in  the  West  Indies,  they 
had  a  decided  superiority.  De  Grasse, 
having  finished  his  business  in  the  West 
Indies,sailed  in  thebeorinnino;  of  August, 

1  O  O  O  7 

with  a  prodigious  convoy.  After  see 
ing  this  out  of  danger,  he  directed  his 
course  immediately  for  the  Chesapeake. 
Towards  the  close  of  May,  Washing 
ton  had  held  an  interview  with  the 
Count  de  Rochambeau,  at  Weathers- 
field,  in  Connecticut,  at  which  it  was 
determined  to  lay  siege  to  New  York. 
Counting  upon  the  assistance  of  De 
Grasse,  who  was  expected  early  in  the 
summer,  Washington  called  earnestly 
for  troops  from  the  New  England 
states,  and  was*  not  without  confident 
hope  of  ultimate  success  against  New 
York.  The  French  troops  marched 
from.  Rhode  Island,  in  June,  and  early 
in  the  following  month,  joined  the 
American  army.  At  the  same  time, 
Washington  marched  his  army  from 
their  winter  encampment,  near  Peeks- 
kill,  to  the  vicinity  of  Kingsbridge. 
General  Lincoln  fell  down  the  Hudson, 
witli  a  detachment  in  boats,  and  took 


Cn.  VIII.] 


CONTEMPLATED   ATTACK   ON   NEW  YORK. 


137 


possession  of  the  ground  where  Fort 
Independence  formerly  stood.  An  at 
tack  was  made  upon  him,  but  was  soon 
discontinued.  The  British,  about  this 
time,  retired,  with  almost  the  whole  of 
their  force,  to  York  Island.  Washing 
ton  hoped  to  be  able  to  commence  oper 
ations  against  New  York,  about  the 
middle,  or,  at  farthest,  the  latter  end 
of  July.  Flat-bottomed  boats,  suffi 
cient  to  transport  five  thousand  men, 
were  built  near  Albany,  and  brought 
down  the  Hudson,  to  the  neighborhood 
of  the  American  army,  before  New 
York.  Ovens  were  erected  opposite 
to  Staten  Island,  for  the  use  of  the 
French  troops.  Every  movement  in 
troductory  to  the  commencement  of 
the  siege  was  made. 

In  the  meantime,  Washington  was 
disappointed  in  his  expected  recruits. 
Instead  of  twelve  thousand  regular 
troops,  which  he  was  to  have  had,  he 
found,  at  the  beginning  of  August,  that 
he  could  hardly  muster  five  thousand, 
a  number  by  no  means  adequate  to  the 
projected  siege.  He  learned  that  De 
Grasse,  who  was  daily  expected,  could 
not  remain  on  the  American  coast 
longer  than  October,  and  finally,  that 
his  destination,  was  the  Chesa 
peake.  From  £hese  considera 
tion-;,  Washington  suddenly  changed 
his  plan  of  operation,  and  determined, 
if  possible,  to  take  Cornwallis  in  the 
snare  which  he  seemed  to  be  prepar 
ing  for  himself. 

While  the  attack  on  New  York  was 
in  serious  contemplation,  a  letter  from 
Washington,  detailing  the  particulars 
of  the  intended  operations  of  the  cam 
paign,  being  intercepted,  fell  into  the 


hands  of  Sir  Henry  Clinton.  After  the 
plan  was  changed,  the  royal  commander 
was  so  much  under  the  impression  of 
the  intelligence  contained  in  the  inter 
cepted  letter,  that  he  believed  every 
movement  towards  Virginia,  to  be  a 
feint,  calculated  to  draw  off  his  atten 
tion  from  the  defence  of  New  York. 
Under  the  influence  of  this  opinion,  he 
labored  in  every  way  to  strengthen  that 
post;  and  suffered  the  American  and 
French  troops  to  march  southwardly 
without  molestation.  When  the  oppor 
tunity  of  striking  at  them  had  passed, 
then,  for  the  first  time,  he  was  astound 
ed  by  the  conviction,  that  the  allies  had 
fixed  on  Virginia,  for  the  theatre  of  their 
combined  operations.  As  truth,  to  use 
the  words  of  Dr.  Ramsay,  may  be  made 
to  answer  the  purposes  of  deception,  so 
no  feint  of  attacking  New  York  could 
have  been  more  successful  than  the 
real  intention. 

In  connection  with  this  point,  we  can 
not  refrain  from  quoting  a  passage  from 
one  of  Washington's  letters,  written 

O 

some  years  later.  In  reply  to  the  in 
quiries  made  of  him,  Washington  states, 
"  that  a  combined  operation  of  the  land 
and  naval  forces  of  France  in  America, 
for  the  year  1781,  was  preconcerted  the 
year  before ;  that  the  point  of  attack 
was  not  absolutely  agreed  upon,*  be 
cause  it  could  not  be  foreknown  where 
the  enemy  would  be  most  susceptible 
of  impression ;  and,  because  we  (hav 
ing  the  command  of  the  water,  with 

O 

sufficient  means  of  conveyance)  could 

*  Because  it  would  be  cosy  for  Count  do  Grasse,  in 
good  time  before  his  departure  from  the  West  Indies, 
to  give  notice,  by  express,  at  what  place  he  could 
most  conveniently  first  touch  to  receive  advice. 


138 


THE  DECISIVE  YEAR  OF  THE  WAR. 


|BK.  III. 


transport  ourselves  to  any  spot,  with 
the  greatest  celerity;  that  it  was  de 
termined  by  me,  nearly  twelve  months 
beforehand,  at  all  hazards,  to  give  out, 
and  cause  it  to  be  believed  by  the 
highest  military,  as  well  as  civil  offi 
cers,  that  New  York  was  the  destined 
place  of  attack,  for  the  important  pur 
pose  of  inducing  the  eastern  and  middle 
states,  to  make  greater  exertions  in  fur 
nishing  specific  supplies,  than  they 
otherwise  would  have  done,  as  well  as 
for  the  interesting  purpose  of  render 
ing  the  enemy  less  prepared  elsewhere  ; 
that,  by  these  means,  and  these  alone, 
artillery,  boats,  stores,  and  provisions, 
were  in  seasonable  preparation,  to  move 
with  the  utmost  rapidity,  to  any  part  of 
the  continent ;  for  the  difficulty  con 
sisted  more  in  providing,  than  knowing 
how  to  apply  the  military  apparatus  ; 
that,  before  the  arrival  of  the  Count 
de  Grasse,  it  was  the  fixed  determina 
tion,  to  strike  the  enemy  in  the  most  vul 
nerable  quarter,  so  as  to  insure  success 
with  moral  certainty,  as  our  affairs  were 
then  in  the  most  ruinous  train  imagin 
able  ;  that  New  York  was  thought  to 
be  beyond  our  effort,  and  consequently, 
that  the  only  hesitation  that  remained, 
was  between  an  attack  upon  the  British 
army  in  Virginia,  and  that  in  Charles 
ton  ;  and  finally,  that,  by  the  interven 
tion  of  several  communications,  and 
some  incidents,  which  cannot  be  de 
tailed  in  a  letter,  the  hostile  post  in 
Virginia,  from  being  a  provisional  and 
strongly  expected,  became  the  definitive 
and  certain  object  of  the  campaign. 

"I  only  add,  that  it  never  was  in 
contemplation  to  attack  New  York, 
unless  the  garrison  should  first  have 


been  so  far  degarnished,  to  carry  on 
the  southern  operations,  as  to  render 
our  success  in  the  siege  of  that  place 
as  infallible  as  any  future  military  event 
can  ever  be  made.  For  I  repeat  it,  and 
dwell  upon  it  again,  some  splendid  ad 
vantage,  whether  upon  a  larger  or 
smaller  scale  was  almost  immaterial, 
was  so  essentially  necessary,  to  revive 
the  expiring  hopes  and  languid  ex 
ertions  of  the  country,  at  the  crisis  in 
question,  that  I  never  would  have  con 
sented  to  embark  in  any  enterprise, 
wherein,  from  the  most  rational  plan 
and  accurate  calculations,  the  favorable 
issue  should  not  have  appeared  to  my 
view  as  a  ray  of  light.  The  failure  of 
an  attempt  against  the  posts  of  the 
enemy,  could,  in  no  other  possible  situ 
ation  during  the  war,  have  been  so 
fatal  to  our  cause. 

"  That  much  trouble  was  taken,  and 
finesse  used,  to  misguide  and  bewilder 
Sir  Henry  Clinton,  in  regard  to  the 
real  object,  by  fictitious  communica 
tions,  as  well  as  by  making  a  deceptive 
provision  of  ovens,  forage,  and  boats  in 
his  neighborhood,  is  certain ;  nor  were 
less  pains  taken  to  deceive  our  own 
army ;  for  "  I  had  always  conceived, 
where  the  imposition  does  not  com 
pletely  take  place  at  home,  it  would 
never  sufficiently  succeed  abroad." 

Acting  upon  this  well  concerted 
plan,  Washington  broke  up  his  camp 
at  New  Windsor,  and  advanced  upon 
Kingsbridge,  on  the  21st  of  July.  The 
French  force,  under  Rochambeau,  con 
sisting  of  five  thousand  men,  had 
marched  from  Rhode  Island,  and  join 
ed  him.  Various  movements  were 
made,  which  seemed  to  threaten  a 


CH.  VIII.] 


CORNWALLIS  BESIEGED   AT  YORKTOWN. 


139 


1781. 


speedy  attack  upon  the  British,  lines. 
On  the  19th  of  August,  a  body  of 
troops  was  sent  across  the  Hudson,  at 
Dobb's  Ferry,  apparently  for  the  pur 
pose  of  establishing  a  permanent  post 
in  that  vicinity.  On  the  20th  and  21st, 
the  main  body  of  the  Americans  passed 
the  river  at  King's  Ferry;  but  the 
French  made  a  longer  circuit,  and  did 
not  complete  the  passage  till  the  25th. 
Desirous  of  concealing  his  object  as  long 
as  possible,  Washington  continued  his 
march  some  time  in  such  a  di 
rection,  as  still  to  keep  up  the 
appearance  of  threatening  New  York. 
When  concealment  was  no  longer  prac 
ticable,  he  marched  southward,  with 
the  utmost  celerity.  His  movements 
had  been  of  such  a  doubtful  nature, 
that  Clinton's  eyes  were  not  opened  to 
his  real  destination,  till  he  had  crossed 
the  Delaware. 

On  the  30th  of  August,  the  combined 
armies  entered  Philadelphia,  where 
they  were  received  with  demonstra 
tions  of  public  rejoicing.  Towards  the 
end  of  August,  De  Grasse  cast  anchor, 
just  within  the  capes,  extending  across 
from  Cape  Henry  to  the  middle  ground. 
There  an  officer  from  Lafayette  waited 
on  the  count,  and  gave  him  full  infor 
mation  concerning  the  posture  of  affairs 
in  Virginia,  and  the  intended  plan  of 
operations  against  the  British  army  in 
that  state. 

Corn  wall  is  was  diligently  fortifying 
himself  at  York  and  Gloucester.  La 
fayette  was  in  a  position,  on  James 
river, ,  to  prevent  his  escape  into  North 
Carolina,  and  the  combined  army  was 
hastening  southward  to  attack  him.  In 
order  to  co-operate  against  Cornwallis, 


De  Grasse  detached  four  ships  of  the 
line  and  some  frigates,  to  block  up  the 
entrance  of  York  river,  and  to  carry 
the  land  forces  which  he  had  brought 

O 

with  him,  under  the  Marquis  de  St. 
Simon,  to  Lafayette's  camp.  Tne  rest 
of  his  fleet  remained  at  the  entrance  of 
the  bay. 

Washington,  making  the  necessary 
arrangements  for  the  transportation  of 
his  army,  proceeded  in  person  to  Vir 
ginia,  attended  by  Count  de  Rocham- 
beau ;  and  on  the  14th  of  September, 
he  joined  Lafayette  at  Williamsburg. 

The  allies  needed  artillery,  and  other 
preparations  for  besieging,  as  Cornwallis 
had  strengthened  his  works,  and  could 
only  be  overcome  by  a  regular  siege. 
These  they  expected  from  Rhode  Island, 
to  be  brought  by  a  French  squadron, 
commanded  by  the  Count  de  Barras, 
who  had  set  sail  three  days  before  the 
arrival  of  De  Grasse  in  the  Chesapeake. 
To  prevent  falling  in  with  the  British 
fleet,  De  Barras  had  stood  far  out  to 
sea.  While  expecting  him,  De  Grasse, 
on  the  5th  of  September,  saw,  off  the 
capes,  a  British  fleet  of  nineteen  sail, 
under  Admiral  Graves.  The  French 
commander,  advised  by  Washington, 
behaved  with  admirable  skill  and  pru 
dence.  He  engaged  the  British,  par 
tially,  to  draw  them  from  their  anchor 
age  ground ;  by  which  means  the  Count 
de  Barras,  as  he  expected,  was  enabled 
to  pass  by  them  into  the  bay;  but 
refused  a  general  engagement,  which 
would  have  been  putting  to  hazard  the 
success  which  was  now  almost  certainly 
in  the  hands  of  the  allies. 

When  Sir  Henry  Clinton  awoke  from 
the  delusion  under  which  he  had  been 


140 


THE   DECISIVE  YEAR   OF  THE  WAR. 


[RK.   III. 


laboring  in  regard  to  Washington's  real 

O  O  O 

intention,  he  attempted  to  create  a  di- 
version,by  employing  the  traitor  Arnold 
in  an  expedition  against  New  London. 
This  unscrupulous  and  hardened  offen 
der  had  displayed  much  zeal  already, 
and  had  given  the  British  ministry  an 
impression  greatly  in  favor  of  his  ac 
tivity  and  energy  in  their  be 
half.  His  "  Address  to  the  In 
habitants  of  America,"  issued  very  soon 
after  consummating  his  traitorous  de 
signs,  and  his  "Proclamation"  to  the 
officers  and  soldiers  of  the  American 
army,  appeared  to  the  ministry  to  be 
evidences  of  his  zeal  and  loyalty ;  and 
there  seems  no  doubt,  that  they  sup 
posed  they  had  obtained  a  prize  in  pur 
chasing,  at  an  enormous  expense,  this 
degraded  man.  His  appeals  to  the 
American  soldiers  met  with  unmiti 
gated  scorn  and  contempt.  "  The  only 
wonder  is,"  as  Mr.  Sparks  justly  re 
marks,  "  that  a  measure  of  such  imbe 
cile  malevolence,  and  hopeless  folly, 
should  be  sanctioned  by  the  British 
commander,  and  published  from  day  to 
day  in  the  Gazette,  issued  under  his 
authority.  How  was  it  possible  for 
him  not  to  perceive,  that  the  effect 
would  be  contrary  to  his  interests  and 
wishes?  Who  would  join  a  traitor? 
Who  would  deliberately  seek  disgrace 
and  infamy?  And,  above  all,  who 
•would  be  cajoled  by  falsehood  and 
malignity,  as  undisguised  as  they  were 
audacious  and  wicked  ?" 

Early  in  September,  Arnold  set  out 
on  his  expedition  against  New  London, 
an  enterprise  which  he  undertook  the 
more  readily,  because  he  could  not  only 
gratify  his  malignant  desire  for  revenge, 


but  could  also,  probably,  secure  a  large 
share  of  the  plunder  which  would  fall 
into  his  hands.  Crossing  the  sound,  he 
lauded  his  troops  in  two  divisions,  at 
the  mouth  of  the  Thames.  One  of 
these  marched  towards  New  London, 
took  Fort  Trumbull,  and  entered  the 
town.  The  other  passed  up  the  east 
side  of  the  river,  and  ascended  the  high 
grounds,  to  attack  Fort  Griswold.  This 
fort  was  garrisoned  by  a  body  of  mi 
litia,  many  of  whom  were  the  fathers 
of  the  families  in  the  vicinity,  hastily 
collected,  and  under  the  command  of 
the  estimable  Colonel  Ledyard.  They 
made  a  resolute  defence,  and  killed 
numbers  of  the  assailants.  At  length, 
however,  they  were  overpowered,  and 
ceased  to  resist.  As  the  British  en 
tered  the  fort,  Bromfield,  a  New  Jer 
sey  tory,  shouted,  "Who  commands 
this  fort  ?"  "  I  did ;"  said  Colonel  Led 
yard,  "  but  you  do  now !"  and  presented 
his  sword.  With  brutal  fury,  Brom 
field  plunged  it  in  his  bosom.  This  was 
the  signal  for  indiscriminate  butchery. 
Nearly  a  hundred  were  slaughtered  by 
the  infuriated  soldiery,  and  there  was 
scarcely  a  family  in  the  neighboring 
village  of  Groton,  the  father  of  which 
was  not  that  night  slain,  and  almost  its 
entire  population  became  widows  and 
orphans.  New  London  was  reduced  to 
ashes,  and  a  number  of  vessels  richly 
laden,  fell  into  the  hands  of  Arnold. 
This  wretched  being,  Nero-like,  gazed 
with  exultation,  upon  the  burning  of 
New  London,  and  the  anguishing  tor 
tures  of  the  widow  and  the  orphan ; 
and  when,  soon  after,  he  returned  to 
New  York,  he  completed  his  audacious 
villany  by  reporting  the  prisoners  who 


Cu.  VIII.] 


THE  SIEGE  OF  YORKTOWN. 


Ill 


had  beeii  slaughtered  in  cold  blood 
after  surrender,  as  found  dead  in  the 
fort!* 

Clinton  finding  that  Washington  was 
not  to  be  diverted  from  his  purpose  by 
such  marauding  expeditions,  and  fully 
alive  to  the  critical  position  in  which 
Cornwallis  was  placed,  bent  all  his 
energies  to  the  endeavor  to  afford  him 
relief.  He  sent  Cornwallis  word,  by  a 
letter  in  cipher,  that,  had  it  not  been 
for  the  damage  which  the  ships  of  Ad 
miral  Graves  had  received,  he  would  at 
once  have  proceeded  to  his  assistance. 
In  any  event,  however,  he  hoped,  by 
the  5th  of  October,  to  be  on  his  way 
to  succor  him,  with  a  fleet  and  army. 
Cornwallis,  relying  upon  the  promises 
of  Clinton,  withdrew  his  troops  from 
the  outer  line  of  defences,  and  concen 
trated  them  within  the  narrow  limits 
of  Yorktown. 

The  allied  army,  numbering  about 
eleven  thousand,  reached  Williamsburg 
on  the  25th  of  September,  and  on  the 
28th,  marched  by  different  routes  to 
Yorktown.  The  next  day  was 
spent  in  arranging  the  plan  of 
attack.  At  the  same  time  that  the  com 
bined  army  encamped  before  York- 
towrn,  the  French  fleet  anchored  at  the 
mouth  of  the  river,  and  completely  pre 
vented  the  British  from  escaping  by 
water,  as  well  as  from  receiving  sup 
plies  or  reinforcements  in  that  way. 
The  legion  of  Lauzun,  and  a  brigade  of 


*  In  December,  1781,  Arnold  left  New  York  and 
proceeded  to  England.  Looked  upon  with  scorn  and 
contempt  by  all  right-minded  men,  he  sunk  into  ob 
scurity,  and  ended  his  unhappy  career  of  guilt  and 
depravity,  at  London,  in  June,  1801. 
VOL.  II.— 18 


17*1. 


militia,  amounting  to  upwards  of  four 
thousand  men,  commanded  by  General 
de  Choisy,  were  sent  across  the  river  to 
watch  Gloucester  Point,  and  to  enclose 
the  British  on  that  side. 

On  the  30th  of  September,  York- 
town  was  invested.  The  French  troops 
formed  the  left  wing  of  the  combined 
army,  extending  from  the  river  above 
the  town,  to  a  morass,  in  front  of  it ; 
the  Americans  composed  the  right  wing, 
and  occupied  the  ground  between  the 
morass  and  the  river,  below  the  town. 
Till  the  6th  of  October,  the  besieging 
army  was  assiduously  employed  in  dis 
embarking  its  heavy  artillery  and  mili 
tary  stores,  and  in  conveying  them  to 
camp  from  the  landing  place  in  James 
River,  a  distance  of  six  miles. 

On  the  night  of  the  6th,  the  first 
parallel  was  begun,  six  hundred  yards 
from  the  British  works.  The  night  was 
dark,  rainy,  and  well  adapted  for  such 
a  service  ;  and  in  the  course  of  it,  the 
besiegers  did  not  lose  a  man.  Their 
operations  seem  not  to  have  been  sus 
pected  by  the  besieged,  till  daylight 
disclosed  them  in  the  morning,  when 
the  trenches  were  so  far  advanced  as 
in  a  good  measure  to  cover  the  work 
men  from  the  fire  of  the  garrison.  By 
the  afternoon  of  the  9th,  the  batteries 
were  completed,  notwithstanding  the 
most  strenuous  opposition  from  the 
besieged ;  and  immediately  opened  on 
the  town.  From  that  time,  an  incessant 
cannonade  was  kept  up ;  and  the  con 
tinual  discharge  of  shot  and  shells  from 
twenty-four  and  eighteen-pdunders,  and 
ten-inch  mortars,  damaged  the  unfin 
ished  works  on  the  left  of  the  town,  si 
lenced  the  guns  mounted  on  them,  and 


142 


THE   DECISIVE  YEAR  OF  THE  WAR. 


[BK.  111. 


occasioned  a  considerable  loss  of  men. 
Some  of  the  shot  and  shells  from  the 
batteries  passed  over  the  town,  reached 
the  shipping  in  the  harbor,  and  set  on 
fire  the  Charon,  of  forty-four  guns,  and 
three  large  transports,  which  were  en 
tirely  consumed. 

The  besiegers  commenced  their 
second  parallel  two  hundred  yards 
from  the  British  works.  Two  redoubts, 
which  were  advanced  on  the  left  of  the 
British,  greatly  impeded  the  progress 
of  the  combined  armies.  It  was  there 
fore  determined  to  carry  them  by 
storm.  To  excite  a  spirit  of  emulation, 
the  reduction  of  the  one  was  committed 
to  the  French,  of  the  other  to  the  Amei  - 
icans.  Lafayette  commanded  the  Amer 
ican,  and  the  Baron  de  Viomesnil,  the 
French  detachment.  Late  in  the  after 
noon  of  the  14th,  both  detachments 
marched  to  the  assault.  Colonel  Ham 
ilton  led  the  advanced  corps  of  the 
Americans,  and  Colonel  Laurens  turned 
the  redoubt,  at  the  head  of  eighty  men. 
The  troops  rushed  to  the  charge,  with 
out  firing  a  gun ;  and,  passing  over  the 
abattis  and  palisades,  assaulted  the 
works  on  all  sides,  and  entered  them 

with  such  rapidity,  that  their 
i^si 

loss  was  inconsiderable.  Ma 
jor  Campbell,  a  captain,  and  seventeen 
privates,  were  made  prisoners.  Eight 
privates  were  killed,  while  the  assail 
ants  were '  entering  the  works.  They 
were  defended  by  forty-five  privates, 
besides  officers.  Although  the  news 
of  the  massacre  of  Fort  Griswold,  had 
just  reached  the  army,  yet,  as  Hamil 
ton  says,  to  the  honor  of  his  detach 
ment,  they  were  "incapable  of  imi 
tating  examples  of  barbarity,  and, 


forgetting  recent  provocations,  they 
spared  every  man  who  ceased  to  re 
sist."  Gordon  asserts,  that  Lafayette, 
with  the  approbation  of  Washington, 
directed,  that  every  man  in  the  re 
doubt  should  be  put  to  the  sword,  an 
assertion  which,  as  Marshall  states,  was 
peremptorily  and  positively  contra 
dicted  by  Colonel  Hamilton,  and  by 
Lafayette. 

The  redoubt  attacked  by  the  French, 
was  defended  by  a  greater  number  of 
men ;  and  the  resistance,  being  greater, 
was  not  overcome  without  considerable 
loss.  One  hundred  and  twenty  men, 
commanded  by  a  lieutenant-colonel, 
were  in  this  work,  eighteen  of  whom 
were  killed,  and  forty-two,  including  a 
captain  and  two  subaltern  officers,  were 
made  prisoners.  The  French  lost,  in 
killed  and  wounded,  nearly  one  hun 
dred  men. 

The  conimander-in-chief  was  highly 
gratified  with  the  intrepidity  displayed 
in  these  assaults ;  and,  in  the  orders  of 
the  succeeding  day,  expressed  in  strong 
terms,  his  approbation  of  the  judicious 
dispositions  and  gallant  conduct  of  both 
the  Baron  de  Viomesnil  and  the  Mar 
quis  de  Lafayette,  and  the  officers  and 
soldiers  under  their  respective  com 
mands.  Both  these  redoubts  were,  the 
same  night,  included  in  the  second 
parallel. 

Cornwallis's  condition  was  now  be 
coming  desperate.  Clinton  had  in 
formed  him,  that  reinforcements  could 
not  possibly  leave  New  York  earlier 
than  the  12th  of  October,  and  there 
was  but  little  ground  for  hope,  that  he 
could  hold  out  until  their  arrival.  A 
vigorous  sortie  was  resolved  upon,  in 


CH.  VIII.] 


CORNWALLIS'S  SURRENDER. 


143 


order  to  retard  the  progress  of  the 
American  works.  A  party,  led  by 
Colonel  Abercrombie,  about  four  in 
the  morning  of  the  16th,  carried  a  por 
tion  of  the  works  in  the  second  parallel ; 
but  they  were  driven  back,  without 
having  gained  any  real  advantage. 

The  batteries  of  the  besiegers  were 
now  covered  with  nearly  a  hundred 
pieces  of  heavy  ordnance,  and  the 
works  of  the  besieged  were  damaged 
to  such '  an  extent,  that  they  could 
scarcely  show  a  single  gun.  In  this  ex 
tremity,  Cornwallis  formed  the  bold 
design  of  forcing  his  way  to  New  York. 
His  plan  was,  to  cross  the  river  in  the 
night,  to  Gloucester  Point,  where  a 
small  garrison  of  the  British,  com 
manded  by  Tarleton,  were  watched  by 
the  French,  under  De  Choisy.  After 
cutting  his  way  through  the  French 
troops,  he  intended  to  mount  his  in 
fantry,  and,  by  forced  marches,  effect  a 
junction  with  Clinton.  Leaving  his 
bacrofa^e,  and  the  sick  and  wounded  to 

OO     O      ' 

the  care  of  the  enemy,  his  army  were 
to  embark  in  three  divisions.  A  part 
had  already  crossed,  and  landed  at 
Gloucester  Point;  a  part  were  upon 
the  river ;  the  third  division  alone  had 
not  embarked ;  the  air  and  the  water 
were  calm,  and  Cornwallis's  hopes  of  es 
cape  were  high.  In  a  moment,  the  sky 
was  overcast,  and  a  tempest  arose ;  the 
elements  were  armed  against  him,  as  if 
again  he  were  checked  by  that  Provi 
dence  which  seemed  to  watch  over  the 
destiny  of  the  American  people,  and 
which  before,  by  the  swelling  of  the 
waters,  had  saved  their  army  from  his 
grasp.  The  wind  and  rain  were  vio 
lent,  and  his  boats  were  driven  down 


the  river.  The  day  appeared,  and  the 
besiegers,  discovering  their  situation, 
opened  upon  his  scattered  and  weak 
ened  army,  a  destructive  fire;  and 
they  were  glad,  when  the  abating  tem 
pest  allowed  them  to  return  to  their 
almost  dismantled  fortifications. 

With  the  failure  of  this  scheme,  the. 
last  hope  of  the  British  army  expired. 
Longer  resistance  could  answer  no  good 
purpose,  and  might  occasion  the  loss  of 
many  valuable  lives.  Lord  Cornwallis, 
therefore-,  on  the  1*7 th  of  October,  wrote 
a  letter  to  General  Washington,  re 
questing  a  cessation  of  arms  for  twenty- 
four  hours ;  in  order  that  commission 
ers  might  be  appointed  to  digest  terms 
of  capitulation.  To  this  letter,  Wash 
ington  returned  an  immediate  answer, 
declaring  his  "  ardent  desire  to  spare 
the  further  effusion  of  blood,  and  his 
readiness  to  listen  to  such  terms  as  were 
admissible ;"  but,  as,  in  the  present 
crisis,  he  could  not  consent  to  lose  a 
moment  in  fruitless  negotiation,  he  de 
sired  that,  "the  proposals  of  his  lord 
ship  might  be  transmitted  in  writing, 
for  which  purpose  a  suspension  of  hos 
tilities  for  two  hours  should  be  grant 
ed."  The  proposals  being  such  as  led 
to  the  opinion,  that  no  difficulty  would 
occur,  in  adjusting  the  terms,  the  sus 
pension  of  hostilities  was  prolonged  for 
the  night.  In  the  mean  time,  the  com- 
mander-iu-chief,  drew  up  such  articles 
as  he  would  be  willing  to  grant,  which 
were  transmitted  to  Lord  Cornwallis, 
accompanied  by  a  declaration,  that,  if 
he  approved  them,  commissioners  might 
be  immediately  appointed  to  digest 
them  into  form. 

Washington,  insisting  upon  a  prompt 


144 


THE  DECISIVE   YEAR  OF  THE  WAR, 


[BK.  III. 


1781. 


decision,  the  terms  were  finally  ar 
ranged,  and  on  the  19th  of 
October,  the  posts  of  York  and 
Gloucester  were  surrendered  to  the 
allied  French  and  American  forces. 
The  principal  stipulations  of  the  sur 
render  were  as  follows:  "The  troops 
to  be  prisoners  of  war  to  Congress, 
and  the  naval  force  to  France  ;  the  offi 
cers  to  retain  their  side-arms  and  pri 
vate  property  of  every  kind,  but  every 
thing  obviously  belonging  to  the  in 
habitants  of  the  United  States,  to  be 
subject  to  be  reclaimed;  the  soldiers 
to  be  kept  in  Virginia,  Maryland,  and 
Pennsylvania,  and  to  be  supplied  with 
the  same  rations  as  are  allowed  to 
soldiers  in  the  service  of  Congress ;  a 
proportion  of  the  officers  to  march  into 
the  country  with  the  prisoners,  the  rest 
to  be  allowed  to  proceed  on  parole  to 
Europe,  to  New  York,  or  to  any  other 
American  maritime  post  in  possession 
of  the  British."  The  honor  of  marching 
out  with  colors  flying,  which  had  been 
refused  to  General  Lincoln  on  his  «iv- 

o 

ing  up  Charleston,  was  now  refused  to 
Earl  Cornwallis ;  and  the  commander- 
in-chief,  with  generous  regard  for  the 
feelings  of  Lincoln,  appointed  him  to 
receive  the  submission  of  the  royal 
army  at  Yorktown,  precisely  in  the 
same  way  his  own  had  been  conducted 
about  eighteen  months  before.* 


*  Dr.  Thacher,  in  his  '•'•Military  Journal"  pp. 
288-90,  gives  a  very  interesting  account  of  the  cir 
cumstances  connected  with  this  eventful  day.  Lord 
Cornwallis,  on  the  pica  of  indisposition,  did  not  show 
himself  on  this  occasion,  General  0'IIara  acting  as  his 
representative.  Thacher  also  states,  what  should  not 
be  forgotten,  that  Cornwallis's  army  regularly  and 
systematically  plundered  in  every  direction,  and  that 
his  ordship's  table  was  served  with  plate  pillaged  from 


The  whole  number  of  prisoners,  ex 
clusive  of  the  seamen,  was  about  seven 
thousand.  The  allied  army,  including 
the  militia,  numbered  about  sixteen 
thousand.  The  British  loss  during  the 
siege  was  between  five  and  six  hundred ; 
the  American  loss,  in  killed  and  wound 
ed,  was  about  three  hundred.  On  the 
day  on  which  the  capitulation  was 
signed,  Clinton  sailed  from  New  York 
for  the  relief  of  Cornwallis.  He  reached 
the  Capes  of  Virginia  on  the  24th  of 
October,  and,  on  learning  the  surrender 
of  the  army,  immediately  returned  to 
the  north. 

Congress  bestowed  its  thanks  freely 
and  fully  upon  the  commander-in-chief, 
Count  de  Rochtimbeau,Couut  de  Grasse, 
and  the  various  officers  of  the  different 
corps,  and  the  brave  soldiers  under 
their  command.  On  the  day  after  the 
surrender,  the  general  orders  closed  as 
follows :  "  Divine  service  shall  be  per 
formed  to-morrow,  in  the  different 
brigades  and  divisions.  The  command 
er-in-chief  recommends,  that  all  the 
troops  that  are  not  upon  duty,  do  assist 
at  it  with  a  serious  deportment,  and 
that  sensibility  of  heart  which  the 
recollection  of  the  surprising  and  par 
ticular  interposition  of  Providence  in 
our  favor  claims."  A  proclamation  was 
also  issued  by  Congress,  appointing 
the  13th  of  December  as  a  day  of 
thanksgiving  and  prayer,  on  account 
of  this  signal  and  manifest  favor  of 
Divine  Providence  in  behalf  of  our 
country. 


private  families.  Probably  more  than  £3,000,000 
sterling  wortli  of  property  was  destroyed  by  the  royal 
army,  during  the  six  months  previous  to  its  surren 
der  at  Yorktown. 


CH.  VIII.] 


LAFAYETTE  EETURNS  TO  FRANCE. 


145 


1781. 


Amid  the  wide  spread  exultation 
throughout  the  country,  consequent 
upon  this  great  triumph  over  the  royal 
forces,  Washington,  not  being  able  to 
induce  Count  de  Grasse  to  lend  further 
aid  against  the  British  in  the  south,  dis 
patched  two  thousand  troops  to 
reinforce  General  Greene,  and 
sent  the  larger  part  of  his  army  to  their 
winter  cantonments  in  the  vicinity  of 
New  York.  He,  himself,  set  out  for 
Philadelphia,  which  city  he  reached  on 
the  27th  of  November.  The  French 
troops  remained  in  Virginia,  and  Count 
de  Grasse  sailed  for  the  West  Indies. 
During  the  preceding  six  years,  Wash 
ington  had  been  accustomed  to  look 
forward,  and  to  provide  for  all  possi 
ble  events.  In  the  habit  of  stru^lin^ 

oo        o 

with  difficulties,  his  courage  at  all  times 
grew  with  the  dangers  which  surround 
ed  him.  In  the  most  disastrous  situa 
tions,  he  was  far  removed  from  despair. 
On  the  other  hand,  those  fortunate 
events,  which  induced  many  to  believe 
that  the  Revolution  was  accomplished, 
never  operated  on  him,  so  far  as  to  re 
lax  his  exertions,  or  precautions. 

Though  complete  success  had  been 
obtained  by  the  allied  arms  in  Virginia, 
and  great  advantages  had  been  gained, 
in  1781,  in  the  Carolinas,  yet  Washing 
ton  urged  the  necessity  of  being  pre 
pared  for  another  campaign.  In  a  let 
ter  to  General  Greene,  he  observed, 
"1  shall  endeavor  to  stimulate  Con 
gress  to  the  best  improvement  of  our 
late  success,  by  taking  the  most  vigor 
ous  and  effectual  measures  to  be  ready 
for  an  early  and  decisive  campaign  the 
next  year.  My  greatest  fear  is,  that, 
viewing  this  stroke  in  a  point  of  light 


which  may  too  much  magnify  its  im 
portance,  they  may  think  our  work  too 
nearly  closed,  and  fall  into  a  state  of 
languor  and  relaxation.  To  prevent 
this  error,  I  shall  employ  every  means 
in  my  power;  and  if,  unhappily,  we 
sink  into  this  fatal  mistake,  no  part  of 
the  blame  shall  be  mine." 

Lafayette,  perceiving  that  there  was 
no  prospect  of  further  active  service 
till  the  next  campaign,  asked  and  ob 
tained  permission  from  Congress,  in 
November,  to  return  to  France.*  He 
carried  with  him  not  only  the  resolves 
of  Congress,  highly  complimentary  to 
his  zeal  and  military  services,  but  also 


*  "In  the  legendary  tales  of  chivalry,"  as  JOHN 
QUINOY  ADAMS  beautifully  says,  "  we  read  of  tourna 
ments,  at  which  a  foreign  and  unknown  knight  sud 
denly  presents  himself,  armed  in  complete  steel,  and, 
with  the  visor  down,  enters  the  ring,  to  contend  with 
the  assembled  flower  of  knighthood  for  the  prize  of 
honor,  to  be  awarded  by  the  hand  of  beauty  ;  bears 
it  in  triumph  away,  and  disappears  from  the  aston 
ished  multitude  of  competitors  and  spectators  of  the 
feats  of  arms.  But  where,  in  the  rolls  of  history — 
where,  in  the  fictions  of  romance — where,  but  in  the 
life  of  Lafayette,  has  been  seen  the  noble  stranger, 
flying,  with  the  tribute  of  his  name,  his  rank,  his 
affluence,  his  ease,  his  domestic  bliss,  his  treasure, 
his  blood,  to  the  relief  of  a  suffering  and  distant  land, 
in  the  hour  of  her  deepest  calamity  —  baring  his 
bosom  to  her  foes ;  and,  not  as  the  transient  pageantry 
of  a  tournament,  but  for  a  succession  of  five  years, 
sharing  all  the  vicissitudes  of  her  fortunes ;  always 
eager  to  appear  at  the  post  of  danger — tempering  the 
glow  of  youthful  ardor  with  the  cold  caution  of  a 
veteran  commander — bold  and  daring  in  action ; 
prompt  in  execution  ;  rapid  in  pursuit ;  fertile  in  ex 
pedients  ;  unattainable  in  retreat ;  often  exposed,  but 
never  surprised ;  never  disconcerted ;  eluding  his 
enemy  when  within  his  fancied  grasp  ;  bearing  upon 
him  with  irresistible  sway,  when  of  force  to  cope  with 
him  in  the  conflict  of  arms?  And  what  is  this  but 
the  diary  of  Lafayette,  from  the  day  of  his  rallying 
the  scattered  fugitives  of  the  Brandy  wine,  insensible 
of  the  blood  flowing  from  his  wound,  to  the  storming  of 
the  redoubt  at  Yorktown  ?" — J.  Q.  ADAMS'S  '•'•Oration 
on  the  Life  and  Character  of  Lafayette,'1'1  pp.  35,  36. 


146 


THE  DECISIVE  YEAR  OF  THE  WAR. 


[BK.  in. 


tlie  consciousness  of  possessing  the  love 
and  esteem  of  the  whole  Anaeri- 

1*781» 

can  people.  It  was  confidently 
expected,  that  this  visit  would  result  in 
many  advantages  to  the  cause  of  liberty, 
in  the  representations  which  he  would 
be  able  to  make,  as  well  as  by  the  in 
fluence  he  would  exert  upon  the  French 
government,  to  lend  still  further  aid  to 
the  United  States. 

Whilst  Washington  was  marching 
against  Cornwallis,  the  loyalists  of 
North  Carolina,  under  M'Neil  and 
M'Dougall,  made  themselves  masters 
of  Hillsborough,  and  took  a  number 
of  prisoners.  M'Neil  and  some  of  his 
followers  were  killed  in  a  rencontre 
with  the  Americans.  M'Dougall  was 
pursued,  but  effected  his  escape  to 
Wilmington,  carrying  with  him  a  num 
ber  of  prisoners. 

Late  in   August,  Major  Ross  made 

an  incursion  into  the  country  on  the 

Mohawk,   at   the   head  of  six 

hundred  men,  regulars,  rangers, 

and  Indians.     Colonel  Willett,  with  a 

force  of  about  three  hundred  and  fifty 

men,  came  up  with  him,  at  Johnstown. 


An  engagement  ensued,  when  part  of 
the  Americans  took  to  flight ;  but  Wil 
lett,  having  been  reinforced  by  some 
two  hundred  militia,  the  battle  was 
renewed,  and  the  British  retreated. 
Willett  pursued  them,  but  without  suc 
cess.  Among  the  slain,  on  this  retreat, 
was  the  infamous  Walter  Butler,  who 
perpetrated  the  massacre  at  Cherry 
Valley.*  He  begged  for  quarter ;  but, 
sternly  reminded  of  Cherry  Valley,  by 
one  of  the  Oneida  warriors,  he  was  in 
stantly  dispatched. 

The  last  day  of  the  year  1781,  wit 
nessed  the  release  of  that  estimable 
patriot,  Henry  Laurens,  from  the  Tower 
of  London.  He  had  been  incarcerated, 
early  in  October,  1780,  (see  p.  110,) 
and  was  treated  with  great  injustice 
and  harshness.  Various  efforts  were 
made  to  induce  him  to  yield,  but  he 
steadfastly  resisted  them  all.  The 
"  long  and  painful  farce,"  as  Dr.  Ramsay 
calls  it,  ended  with  Laurens's  uncon 
ditional  release. 


*  See  Judge  Campbell's  "  Border  Warfare  of  New 
York,"  pp.  208-13. 


CH.  IX.] 


PROCEEDINGS  IN   PARLIAMENT. 


147 


CHAPTER    IX. 

1782-1783. 

CLOSING     OF     THE      REVOLUTIONARY     WAR. 

Proceedings  in  Parliament  —  Mr.  Oswald  sent  to  Paris  —  General  Carleton  sent  to  the  United  States  — Attempts 
towards  arranging  a  peace  —  Washington  urges  preparations  for  another  campaign  —  Financial  matters  —  The 
case  of  Captain  Huddy —  Proposition  to  Washington  to  become  a  king  —  His  reply  —  No  military  operations 
undertaken  —  The  army  to  be  reduced  —  Discontents  of  the  officers  and  troops  —  Affairs  at  the  south  —  General 
Greene's  operations  —  Departure  of  the  French  troops  —  Causes  of  the  discontent  and  irritation  in  the  army  — 
Negotiations  for  peace  conducted  by  Franklin,  Jay,  and  Adams  —  Their  course  —  Count  Vergennes' complaints  — 
The  officers  petition  Congress  —  State  of  feeling  in  that  body  —  The  Newburg  Addresses  —  Washington's  noble 
conduct  —  Great  peril  of  that  crisis  —  Washington  advocates  the  cause  of  the  army  —  Cessation  of  hostilities  — 
Good  conduct  of  the  army  —  Mutiny  of  some  new  levies  in  Pennsylvania — The  Society  of  the  Cincinnati  — 
Washington's  circular  letter  —  The  Definitive  Treaty  of  Peace  —  The  army  disbanded  —  Washington's  farewell 
orders  —  Evacuation  of  New  York  —  Washington's  parting  with  the  officers  —  His  resignation  of  his  commis 
sion —  Grandeur  of  the  scene.  APPENDIX  TO  CHAPTER  IX. — I.  Extract  from  Watson's  "Men  and  Times  of  The 
Revolution."  IL  The  Newburg  Addresses.  III.  Washington's  Address  to  the  Officers  of  the  Army.  IV. 
Washington's  Circular  Letter  to  the  Governors  of  the  States.  V.  The  Resignation  of  Washington's  Commission. 


WHATEVER  opinions  may  have  been 
entertained  in  England  of  the  ultimate 
success  of  the  war  in  America,  the  cap 
ture  of  Cornwallis  and  his  army,  made 
it  perfectly  e vident,  that  the  United 
States  could  not  be  subdued  by  force. 
The  ministry,  as  well  as  the  people,  were 
filled  with  amazement,  and  the  convic 
tion  began  at  last  to  become  settled  in 
their  minds,  that  the  contest  was  as  un 
profitable  as  it  was  hopeless  of  any  good 
result. 

Parliament  met  on  the  2*7th  of  No 
vember,  1781,  and,  although  the  king, 
in  his  speech  from  the  throne,  with 
characteristic  obstinacy,  urged  a  vigor 
ous  prosecution  of  the  war,  and  answers 
from  both  houses  were  obtained  in  ac 
cordance  with  the  spirit  displayed  in  it, 
yet  the  debates  were  very  animated, 
and  the  popular  feeling  was  clearly 


1782. 


against  the  continuance  of  the  war. 
After  the  recess,  on  the  22d 
of  February,  General  Conway 
moved  an  address  to  the  king  against 
the  further  prosecution  of  the  war  in 
America,  The  motion  was  lost  by  only 
a  single  vote ;  but  having  been  renewed 

o  /  o 

a  few  days  afterwards,  was  carried,  and 
the  address  was  presented.  On  the 
4th  of  March,  it  was  resolved  by  the 
House  of  Commons,  "That  the  House 
would  consider  as  enemies  to  his  ma 
jesty  and  the  country,  all  those  who 
should  advise,  or  attempt,  the  further 
prosecution  of  offensive  war  on  the  con 
tinent  of  North  America,"  In  this  state 
of  things,  it  was,  of  course,  impossible  for 
the  ministry  longer  to  continue  in  pow 
er,  and  on  the  19th,  Lord  North  and 
his  associates  relinquished  their  places. 
A  new  administration  was  speedily 


148 


CLOSING  OF  THE  REVOLUTIONARY  WAR. 


.  IU. 


formed,  the  Marquis  of  Rockingham 
being  placed  at  the  head  of  the  treas 
ury,  and  the  Earl  of  Shelburne  and 
Mr.  Fox  holding  the  important  places 
of  secretaries  of  state. 

Soon  after  their  appointment,  the 
new  ministers  sent  Mr.  Oswald  to 
France,  to  sound  the  French  court,  as 
well  as  Dr.  Franklin,  on  the  subject  of 
peace.  In  a  conference  with  the  Count 
de  Ver^ennes,  Mr.  Oswald  was  inform- 

O  ? 

ed,  that  the  French  court  were  disposed 
to  treat  for  peace,  but  could  do  nothing 
without  the  consent  of  their  allies ;  and 
the  count  expressed  a  wish,  that  Paris 
might  be  the  place  of  meeting  for  en 
tering  upon  this  important  business. 
About  the  18th  of  April,  the  British 
a^ent  went  back  to  London,  and  on  the 

O  ' 

4th  of  May,  returned  to  France  with  the 
assent  of  the  British  cabinet  to  treat  of 
a  general  peace,  and  for  that  purpose 
to  meet  at  Paris. 

One  of  the  first  measures  of  the  new 
administration,  was  to  appoint  Sir  Guy 
Carleton  commander-in-chief  in  Amer 
ica,  in  the  room  of  Sir  Henry  Clinton, 
and  to  authorize  Admiral  Digby  and 
himself  to  negotiate  respecting  peace. 
One  object  of  conferring  this  power 
was,  to  persuade,  if  possible,  Congress 
to  agree,  to  a  peace  separate  from  their 
allies.  Carleton  arrived  at  New  York, 
early  in  'May,  and,  informing  Washing 
ton  of  the  fact,  and  that  he  and  Admi 
ral  Digby  were  charged  with  a  mission 
respecting  terms  of  accommodation,  he 
requested  a  passport  for  his  secretary, 
as  bearer,  of  dispatches  to  Congress  on 
the  subject.  The  commander-in-chief 
immediately  forwarded  the  communica 
tions  to  Congress ;  but  as  the  bill  to 


enable  the  king  to  conclude  peace  with 
America  had  not  then  passed  into  a 
law ;  as  there  was  no  assurance  that  the 
present  commissioners  were  empowered 
to  offer  any  other  terms  than  those 
which  had  been  already  rejected;  as 
Congress  was  suspicious  that  the  offers 
were  merely  intended  to  amuse  and 
put  them  off  their  guard,  that  they 
might  be  successfully  attacked  when 
reposing  in  security ;  and  as  they  were 
resolved  to  enter  into  no  separate 
treaty ;  the  passport  was  refused. 

Washington,  fearing  that  delusive 
hopes  were  entertained,  in  consequence 
of  the  splendid  success  of  American 
arms  in  Virginia,  urgently  recommend 
ed  vigorous  preparations  for  another 
campaign.  "Whatever  may  be  the 
policy  of  European  courts  during  this 
winter,"  were  his  words,  "their  ne<?oti- 

'  '  O 

ations  will  prove  too  precarious  a  de 
pendence  for  us  to  trust  to.  Our  wis 
dom  should  dictate  a  serious  prepara 
tion  for  war,  and,  in  that  state,  we  shall 
find  ourselves  in  a  situation  secure 
against  every  event."  Congress,  avail 
ing  itself  of  Washington's  presence  and 
counsel  while  in  Philadelphia,  voted, 
with  promptness  and  unanimity,  new 
requisitions  of  money  and  supplies. 
They  resolved  to  keep  up  the  military 
establishment  of  the  preceding  year; 
called  upon  the  states  to  furnish  their 
quotas  of  troops  at  an  early  day ;  and 
prevailed  upon  the  commander-in-chief 
to  write  two  circular  letter's  to  the  crov- 

O 

ernors  of  all  the  states.*  These 

1782 

letters  were    sent    out  at  the 

close  of  January,  and  contained  argu- 

*See  Sparks's  "Life  of  Washington,"  pp.  347-50. 


CH.  IX.] 


THE   CASE  OF  CAPTAIN   HUDDY. 


140 


merits  and  exhortations  most  forcibly 
expressed,  and  well  calculated  to  arouse 
the  states  to  active  exertion. 

As  on  many  previous  occasions,  Wash 
ington  was  sadly  disappointed  at  the  re 
sult.  The  state  legislatures  declared 
the  inability  of  their  constituents  to  pay 
taxes.  Instead  of  filling  the  conti 
nental  treasury,  some  were  devising 
means  to  draw  money  from  it ;  and 
some  of  those  who  passed  bills,  impos 
ing  heavy  taxes,  directed  that  the  de 
mands  of  the  state  should  be  first  satis 
fied,  and  that  the  residue  only  should 
be  paid  to  the  continental  receiver. 
Although,  by  the  judicious  arrange 
ments  of  Morris,  the  public  expenses 
were  much  diminished,  yet  they  were 
necessarily  great,  and  must  so  continue, 
although  the  means  of  meeting  them 
thus  unexpectedly  failed.  At  the  com 
mencement  of  1*782,  not  a  dollar  re 
mained  in  the  treasury.  "  Yet  to  the 
financier,"  says  Marshall,  "  every  eye 
was  turned ;  to  him  the  empty  hand 
of  every  public  creditor  wras  stretched 
forth,  and  against  him,  instead  of  the 
state  governments,  the  complaints  and 
imprecations  of  eveiy  unsatisfied  claim 
ant,  were  directed."  Morris,  feeling 
deeply  the  ingratitude  of  his  country, 
resolved,  nevertheless,  not  to  abandon 
the  cause  of  the  people.  Writing  to 
Washington  the  unpleasant  news,  that 
the  taxes,  due  in  July,  would  not  be 
paid  in  till  December,  he  added:— 
"  With  such  gloomy  prospects  as  this 
letter  affords,  I  am  tied  here  to  be 
baited  by  continual  clamorous  de 
mands;  and  for  the  forfeiture  of  all 
that  is  valuable  in  life,  and  which  I 
hoped  at  this  moment  to  enjoy,  I  am 
VOL.  II.— 19 


to  be  paid  by  invective.  Scarce  a  day 
passes,  in  which  I  am  not  tempted  to 
give  back  into  the  hands  of  Congress 
the  power  they  have  delegated,  and  to 
lay  down  a  burden  which  presses  me 
to  the  earth.  Nothing  prevents  me 
but  a  knowledge  of  the  difficulties 
which  I  am  obliged  to  struggle  under. 
What  may  be  the  success  of  my  efforts, 
God  only  knows ;  but  to  leave  my  post 
at  present,  would,  I  know,  be  ruinous. 
This  candid  state  of  my  situation  and 
feelings,  I  give  to  your  bosom,  because 
you,  who  have  already  felt  and  suffered 
so  much,  will  be  able  to  sympathize 
with  me." 

About  the  middle  of  April,  Wash 
ington  left  Philadelphia,  and  joined  the 
army,  his  head-quarters  being  at  New- 
burg.  He  was  directly  informed  of  a 
very  shameful  proceeding,  on 
the  part  of  some  refugees  from 
New  York,  and  felt  compelled  to  give 
the  matter  his  serious  attention.  The 
circumstances  were  these :  Captain. 
Huddy,  who  commanded  a  body  of 
troops,  in  Monniouth  county,  New 
Jersey,  was  attacked  by  a  party  of 
refugees,  was  made  prisoner,  and  close 
ly  confined  in  New  York.  A  few  days 
afterwards,  they  led  him  out  and  hanged 
him,  with  a  label  on  his  breast,  declar 
ing  that  he  was  put  to  death  in  retali 
ation  for  some  of  their  number,  who, 
they  said,  had  suffered  a  similar  fate. 
Washington  took  up  the  matter  prompt 
ly  ;  submitted  it  to  his  officers ;  laid  it 
before  Congress ;  and  wrote  to  Clinton, 
demanding  that  Captain  Lippencot,  the 
perpetrator  of  the  horrid  deed,  should 
be  given  up.  The  demand  not  being 
complied  with,  Washington,  in  accord- 


150 


CLOSING   OF  THE   REVOLUTIONARY  WAR. 


[BK.  III. 


ance  with  the  opinion  of  the  council  of 
officers,  determined  upon  retaliation. 
A  British  officer,  of  equal  rank  with 
Captain  Huddy,  was  chosen  by  lot. 
Captain  Asgill,  a  young  man,  just  nine 
teen  years  old,  and  the  only  son  of  his 
parents,  was  the  one  upon  whom  the 
lot  fell.  The  whole  affair  was  in  sus 
pense  for  a  number  of  months.  Both 
Clinton  and  Caiieton,  his  successor, 
reprobated  the  act  of  Lippencot  with 
great  severity ;  yet  he  was  not  given 
up,  it  being  considered,  by  a  court-mar 
tial,  that  he  had  only  obeyed  the  or 
ders  of  the  Board  of  Associated  Loyal 
ists  in  New  York.  Great  interest  was 
made  to  save  Asgill's  life ;  his  mother 
begged  the  interference  of  the  Count 
de  Vergennes,  who  wrote  to  Washing 
ton  in  her  behalf.  Early  in  November, 
Washington  performed  the  grateful 
task  of  setting  Captain  Asgill  at  lib 
erty. 

The  quotas  of  troops  expected  from 
the  different  states  were  not  filled  up, 
as  the  commander-in-chief  hoped  they 
would  be,  promptly  and  fully.  Worn 
down  with  toils  and  sufferings,  the  peo 
ple  could  not  be  induced  to  further  ex 
ertions,  now  that  it  had  become  almost 
certain  that  the  war  must  spe.edily  end. 
Washington  endeavored  to  arouse  the 
states,  by  a  circular  letter,  from  their 
apathy ;  but  with  no  great  success. 
The  discontent  of  the  officers  and 
soldiers,  in  consequence  of  the  arrear 
ages  of  their  pay,  had  for  some  time 
increased  ;  and,  brooding  over 
their  hardships,  they  contem 
plated  an  act  which  must  have  pained 
Washington  to  the  very  soul.  Having 
seen  how  miserably  inefficient  Congress 


1782. 


was,  as  a  government,  and  probably  al 
most  in  despair  of  the  success  of  a  re 
publican  form  of  government,  the  notion 
was  broached,  that  the  only  way  to  ob 
tain  an  effective  authority  in  the  state, 
was  to  place  such  authority  in  the  hands 
of  one  man.  A  colonel  in  the  army 
was  deputed  to  convey  their  sentiments 
to  the  commander-in-chief.  In  a  very 
able  letter,  which  discussed  the  present 
position  of  affairs,  and  set  forth  the 
defects  of  the  political  organization  ex 
isting  at  the  time,  the  subject  was  pre 
sented  to  the  attention  of  that  noble 
patriot  who  had  so  long  stood  at  the 
head  of  the  army ;  the  writer  adding : — 
"This  must  have  shown  to  all,  and  to 
military  men  in  particular,  the  weak 
ness  of  republics,  and  the  exertions  the 
army  have  been  able  to  make  by  being 
under  a  proper  head.  Therefore,  I  lit 
tle  doubt,  that,  when  the  benefits  of  a 
mixed  government  are  pointed  out,  and 
duly  considered,  such  will  be  readily 
adopted.  In  this  case,  it  will,  I  believe, 
be  uncontro verted,  that  the  same  abil 
ities  which  have  led  us  through  diffi 
culties,  apparently  insurmountable  by 
human  power,  to  victory  and  glory, 
those  qualities  that  have  merited  and 
obtained  the  universal  esteem  and  ven 
eration  of  an  army,  would  be  most 
likely  to  conduct  and  direct  us  in  the 
smoother  paths  of  peace.  Some  people 
have  so  connected  the  ideas  of  tyranny 
and  monarchy,  as  to  find  it  very  diffi 
cult  to  separate  them.  It  may,  there 
fore,  be  requisite  to  give  the  head  of 
such  a  constitution  as  I  propose  some 
title  apparently  more  moderate;  but 
if  all  things  were  once  adjusted,  I 
believe  strong  arguments  might  be 


Cu.  IX.] 


WASHINGTON   ASKED  TO  BECOME  A   KING. 


151 


produced  for  admitting  the  uame  of 
KING,  which  I  conceive  would  be 
attended  with  some  material  advan 
tages." 

The  answer  of  Washington  to  this 
communication  was  in.  the  following 
terms : — 


"  NEWBURG,  22d  May,  1782. 
"  SlR, 

"  With  a  mixture  of  great  surprise 
and  astonishment  I  have  read  with  at 
tention,  the  sentiments  you  have  sub 
mitted  to  my  perusal.  Be  assured,  sir, 
no  occurrence  in  the  course  of  the  war 
has  given  me  more  painful  sensations, 
than  your  information  of  there  being 
such  ideas  existing  in  the  army  as  you 
have  expressed,  and  I  must  view  with 
abhorrence,  and  reprehend  with  severi 
ty.  For  the  present,  the  communica 
tion  of  them  will  rest  in  my  own  bosom, 
unless  some  further  agitation  of  the 
matter  shall  make  a  disclosure  neces 
sary. 

u  I  am  much  at  a  loss  to  conceive 
what  part  of  my  conduct  could  have 
given  encouragement  to  an  address, 
which  to  me  seems  big  with  the  great 
est  mischiefs  that  can  befall  niy  coun 
try.  If  I  am  not  deceived  in  the 
knowledge  of  myself,  you  could  not 
have  found  a  person  to  whom  your 
schemes  are  more  disagreeable.  At 
the  same  time,  in  justice  to  my  own 
feelings,  I  must  add,  that  no  man  pos 
sesses  a  more  sincere  wish  to  see  ample 
justice  done  to  the  army  than  I  do; 
and  as  far  as  my  powers  and  influence, 
in  a  constitutional  way,  extend,  they 
shall  be  employed,  to  the  utmost  of  my 
abilities,  to  effect  it,  should  there  be  any 


occasion.  Let  me  conjure  you,  then,  if 
you  have  any  regard  for  your  country, 
concern  for  yourself  or  posterity,  or 
respect  for  me,  to  banish  these  thoughts 
from  your  mind,  and  never  communi 
cate,  as  from  yourself  or  any  one  else, 
a  sentiment  of  the  like  nature.  • 
"  I  am,  sir,  &c., 

"  GEORGE  WASHINGTON." 

Truly  an  indignant  and  stern  rebuke ! 
Whatever  may  have  been  the  motives 
which  prompted  those  who  addressed 
Washington  with  such  a  proposal,  it  is 
plain,  that  his  integrity  was  incorrupti 
ble,  and  his  love  of  his  country  infinitely 
superior  to  any  and  every  personal 
consideration.  After  this  effort,  no 
further  attempt  was  ever  made  to  .in 
duce  the  father  of  his  country  to  enter 
tain  a  proposition  of  the  like  nature. 

With  an  army  of  not  more  than 
ten  thousand  men,  Washington,  even 
if  disposed,  was  unable  to  undertake 
offensive  operations ;  consequently  the 
summer  passed  away  in  inactivity  at 
the  north.*  Sir  Guy  Carletou,  on  his 
part,  kept  himself  quiet  in  New  York, 
and  the  contest  seemed  to  have  ceased. 
Early  in  August,  Carleton  and  Digby 
informed  the  commander-in-chief,  that 
negotiations  for  a  general  peace  were 
begun  at  Paris;  that  the  independ 
ence  of  the  thirteen  United  States 
would  be  acknowledged ;  that  Mr. 
Laurens  was  set  at  liberty ;  and  that 


*  On  the  20th  of  June,  1782,  Congress  fixed  upon 
the  Great  Seal  of  the  United  States,  with  the  Ameri 
can  eagle,  grasping  in  his  dexter  talon,  an  olive  branch, 
and  in  his  sinister  a  bundle  of  thirteen  arrows,  and 
holding  in  his  beak,  the  scroll,  with  the  well-known 
motto,  E  PI.UKIBUS  CNCM. 


152 


CLOSING   OF  THE  REVOLUTIONARY  WAR. 


[Biv.  III. 


passports  were  preparing  for  such  Amer 
icans  as  had  been  hitherto  de 
tained  prisoners  in  England. 
Another  letter  soon  followedfrom  Carle- 
ton,  in  which  he  declared,  that  he  no 
longer  saw  any  object  of  contest,  and 
therefore  disapproved  of  further  hos 
tilities  by  sea  or  land,  which,  as  he  ob 
served,  "  could  only  tend  to  multiply 
the  miseries  of  individuals,  without  a 
possible  advantage  to  either  nation." 
He  added,  that,  in  consequence  of  this 
opinion,  he  had  restrained  the  practice 
of  detaching  the  Indian  parties  against 
the  frontiers  of  the  United  States,  and 
had  recalled  those  which  were  in  the 
field.  These  communications  seem  to 
have  awakened  the  jealousy  of  the 
French  minister  in  America ;  and,  in 
order  to  put  to  rest  any  feeling  on  his 
part,  Congress  renewed  its  resolution, 
"  to  enter  into  no  discussion  of  any  over 
tures  for  pacification,  but  in  confidence 
and  in  concert  with  his  most  Christian 
majesty." 

We  may  properly  mention,  in  this 
place,  that,  on  the  capture  of  Henry 
Laurens,  John  Adams  was  sent  to  Hol 
land,  as  minister-plenipotentiary,  and 
empowered  to  negotiate  a  loan.  After 
considerable  delay,  he  was  officially 
recognized,  and  the  United  Provinces, 
on  the  19th  of  April,  acknowledged 
the  independence  of  the  United  States 
of  America.  This  was  the  second 
European  power  that  made  that  ac 
knowledgment.  Mr.  Adams*  conclud 
ed  a  treaty  of  amity  and  commerce, 
early  in  October,  and  was  also  success- 


*  See  ''''Life  and  Works  of  John  Adams"  vol.  i., 
pp.  348-53. 


ful  in  effecting  the  desired  loan  in  be- 

O 

half  of  his  country. 

The  splendid  victory  of  Rodney  over 
the  Count  de  Grasse,  on  the  12th  of 
April,  gave  security  to  the  British  West 
India  Islands,  and  it  was  apprehended, 
that  the  negotiations  for  peace  might 
be  protracted,  and  hostilities  even  re 
newed.  It  was  in  contemplation  to  re 
duce  the  army,  but,  through  the  cul 
pable  neglect  of  the  states,  there  w^as 
no  means  to  pay  the  officers  and  troops. 
Indeed  hardly  enough  could  be  ob 
tained  to  furnish  daily  subsistence  to 
the  army.  In  a  confidential  letter  to 
the  secretary  of  war,  Washington,  while 
he  doubted  not  the  wish  of  numbers  to 
retire  to  private  life,  could  they  obtain 
only  their  just  dues,  added,  "  yet  I  can 
not  help  fearing  the  result  of  reducing 
the  army,  where  I  see  such  a  number 
of  men,  goaded  by  a  thousand  stings 
of  reflection  on  the  past,  and  of  antici 
pation  on  the  future,  about  to  be  turned 
into  the  world,  soured  by  penury,  and 
what  they  call  the  ingratitude  of  the 
public  ;  involved  in  debts,  without  one 
farthing  of  money  to  carry  them  home, 
after  having  spent  the  flower  of  their 
days,  and,-  many  of  them,  their  patri 
monies,  in  establishing  the  freedom  and 
independence  of  their  country;  and 
having  suffered  everything  which  hu 
man  nature  is  capable  of  enduring  on 
this  side  of  death.  I  repeat  it,  when  I 
reflect  on  these  irritating  circumstances, 
unattended  by  one  thing  to  soothe  their 
feelings,  or  brighten  the  gloomy  pros 
pect,  I  cannot  avoid  apprehending  that 
a  train  of  evils  will  follow,  of  a  serious 
and  distressing  nature. 

"  I  wish  not  to  heighten  the  shades 


CH.  IX.] 


OPERATIONS  AT  THE  SOUTH. 


153 


of  the  picture,  so  far  as  the  real  life 
would  justify  ine  in  doing,  or  I  would 
give  anecdotes  of  patriotism  and  dis 
tress,  which  have  scarcely  ever  been 
paralleled,  never  surpassed,  in  the  his 
tory  of  mankind.  But  you  may  rely 
upon  it,  the  patience  and  long  suffer 
ance  of  this  army  are  almost  exhausted, 
and  there  never  was  so  great  a  spirit 
of  discontent  as  at  this  instant.  While 
in  the  field  it  may  be  kept  from 

17S2. 

breaking  out  into  acts  of  out 
rage  ;  but  when  we  retire  into  winter- 
quarters,  (unless  the  storm  be  pre 
viously  dissipated,)  I  cannot  be  at  ease 
respecting  the  consequences.  It  is  high 
time  for  a  peace."  As  we  shall  see 
presently,  there  was  too  much  ground 
for  these  apprehensions ;  and  we  shall 
consequently  be  the  better  able  to  ap 
preciate  the  self-sacrificing  spirit  of  the 
Commander-in-chief,  in  the  course  which 
he  saw  fit  to  adopt. 

Although  the  inactivity  which  pre 
vailed  in  the  north  was,  in  a  certain 
measure,  communicated  to  the  southern 
army,  yet  some  desultory  operations 
of  a  hostile  nature  happened  in  that 
quarter.  General  St.  Clair,  who  con 
ducted  the  reinforcements  from  York- 
town  toward  the  south,  reached  General 
Greene's  head-quarters  early  in  January. 
lie  had  been  ordered  to  invest  the  post 
of  Wilmington  on  his  way;  but  the 
British  garrison  evacuated  that  place 
before  his  arrival,  and  he  did  not  meet 
with  any  detention  there. 

St.  Clair  experienced  no  hostile  in 
terruption  ;  the  number  of  his  troops, 
however,  was  so  much  diminished  by 
the  casualties  of  a  long  march,  that  his 
reinforcement  did  little  more  than  sup 


ply  the  place  in  Greene's  army  of  those 
soldiers  who  had  been  entitled  to  their 
discharge  on  the  last  day  of  December. 
But  feeble  as  was  the  southern  army, 
yet,  on  St.  Clair's  arrival,  General 
Greene  detached  General  AVayne  across 
the  Santee,  to  protect  the  state  of 
Georgia.  On  his  approach,  General 
Clarke,  who  commanded  the  British 
troops  in  that  province,  amounting  to 
about  one  thousand  regular  soldiers, 
besides  militia,  concentrated  his  force 
in  Savannah.  While  Wayne  was  watch 
ing  the  British,  a  sudden  and  unlocked 

O  t 

for  attack  was  made  upon  him,  in  the 
night  of  the  23d  of  June,  by  a  strong 
party  of  Creeks.  Nothing  but  the  ex 
cellent  materials  of  which  his  force  was 
composed,  and  their  courageous  .and 
steady  behavior,  saved  the  detachment 
from  defeat.  This  sharp  conflict  termi 
nated  the  war  in  Georgia.  Savannah 
was  evacuated,  on  the  llth  of  July, 
and  Wayne  rejoined  General  Greene. 
Great  discontent  having  arisen,  in 
consequence  of  the  difficulty  of  procur 
ing  provision?,  the  Pennsylvania  line, 
composed  at  the  time  chiefly  of  foreign 
ers,  proceeded  to  such  length  in  their 
excitement  and  irritation,  as  to  venture 
upon  a  treasonable  intercourse  with  the 
enemy,  the  object  of  which  was  to  seize 
General  Greene,  and  deliver  him  to  a 
detachment  of  British  troops  which 
would  march  out  of  Charleston  to  favor 
the  design.*  It  was  discovered,  when 
supposed  to  be  on  the  point  of  execu 
tion,  and  a  sergeant,  by  the  name  of 


*  Sec  Greene's  "  Life  of  Ntiihanicl  Greene"  pp. 
365-8.  Also  Caldwell's  "  Life  of  General  Greene." 
p.  363. 


154 


CLOSING  OF  THE  REVOLUTIONARY  WAR. 


[BK.  III. 


1782. 


Gomel,  was  condemned  and  executed. 
This  happened  towards  the  close  of 
April,  and  a  number  of  desertions 
took  place  the  same  night. 

General  Leslie  commanded  in  Charles 
ton,  and  held  the  place  till  the  14th 
of  December,  though  the  intention  of 
evacuating  it  was  announced 
on  the  7th  of  August.  In  that 
interval,  Leslie  proposed  to  General 
Greene  a  suspension  of  hostilities ; 
Greene  was  strongly  inclined  to  agree 
to  this  proposal;  but  the  matter  was 
in  the  hands  of  the  civil  authority, 
and  he  did  not  conceive  himself  em 
powered  to  enter  into  any  arrangement 
of  the  kind  with  the  British  general. 

o 

Leslie  also  offered  full  payment  for  rice 
and  other  provisions  sent  into  the  town, 
but  threatened  to  take  them  without 
compensation  if  withheld.  General 
Greene,  suspecting  that  it  was  intended 
to  collect  a  large  quantity  of  rice  in 
Charleston  to  supply  the  army  while  it 
acted  against  the  French  islands  in  the 
West  Indies,  declined  the  arrangement. 

'  O 

The  consequence  was,  that  the  British 
made  some  foraging  incursions  into  the 
country,  and  skirmishes  ensued.*1"  In 
themselves  these  skirmishes  were  un 
important;  but  they  derived  a  lively 
interest  from  the  death  of  Lieutenant- 
colonel  Laurens,  who  fell  in  one  of 

*  "It  has  been  estimated  that  the  loss  of  lives  in 
the  various  armies  of  the  United  States,  during  the 
war,  is  not  less  than  seventy  thousand.  The  numbers 
who  died  on  board  of  the  horrid  prison-ships  of  the 
er.emy  cannot  be  calculated.  It  is,  however,  confi 
dently  asserted,  that  no  less  than  eleven  thousand  of 
our  brave  soldiers  died  on  board  the  one  called  the 
Jersey  prison-ship  only!  This  dreadful  mortality  is 
universally  attributed  to  the  cruel  treatment  which 
they  received  while  crowded  together  in  close  con- 


them,  August  27th,  to  the  deep  regret 
of  his  countrymen,  among  whom  he 
was  universally  esteemed  and  beloved. 
Soon  after,  Captain  Wilmot  made  an 
attack  upon  a  party  of  British  on  James 
Island,  near  Fort  Johnson ;  the  captain 
and  some  of  his  men  were  killed,  and 
the  rest  retreated.  This  was  the  last 
blood  shed  in  the  American  war. 

Towards  the  middle  of  September, 
the  French  troops  left  Virginia,  and 
formed  a  junction  with  the  American 
army  on  the  Hudson.  In  the  following 
month,  they  marched  to  Boston,  and 
embarked  before  the  end  of  December 
for  the  West  Indies,  having  been  in 
America  two  years  and  a  half.  Wash 
ington  returned  to  Newburg,  where 
head-quarters  continued  till  the  army 
was  disbanded.  Although  it  was  tol- 

O 

erably  certain,  that  no  military  oper 
ations  would  be  undertaken  during  the 

o 

winter,  and  on  that  account  the  pres 
ence  of  the  conimander-iu-chief  was  not 
needful  in  camp,  yet  Washington,  alive 
to  the  danger  which  might  threaten, 
from  the  excitement  and  irritation  ex 
isting  among  the  officers  and 

• 

soldiers,  resolved  to  sacrifice 
every  personal  gratification  to  be  de 
rived  from  a  suspension  of  his  toils,  and 
to  remain  with  the  army  and  watch  its 
discontents. 


finement.  The  loss  to  Great  Britain  is  two  large 
armies  captured  by  the  United  States,  exclusively  of 
many  thousands  killed  and  taken  in  various  actions 
during  the  war ;  thirteen  colonies  dismembered  from 
her;  and  an  increase  of  her  national  debt,  in  seven 
years,  £120,000,000.  The  United  States  have  gained 
that  independence  and  liberty  for  which  they  con 
tended,  and  find  their  debt  to  be  less  than  $45,000,000, 
which  is  short  of  £10,000,000  sterling. — Thacher's 
"Military  Journal"  p.  350. 


Cn.  IX.] 


NEGOTIATIONS  FOR  PEACE. 


155 


To  judge  rightly  of  the  motives,  says 
Marshall,  which  produced  this  uneasy 
temper  in  the  army,  it  will  be  necessary 
to  recollect,  that  the  resolution  of  Octo 
ber,  1780,  granting  half-pay  for  life  to 
the  officers,  stood  on  the  mere  faith  of 
a  government,  possessing  no  funds  en 
abling  it  to  perform  its  engagements. 
From  requisitions  alone,  to  be  made  on 
sovereign  states,  supplies  were  to  be 
drawn;  and  the  ill  success  of  these, 
while  the- dangers  of  war  were  impend 
ing,  furnished  melancholy  presages  of 
their  unproductiveness  in  time  of  peace. 
Other  considerations,  of  decisive  influ 
ence,  were  added  to  this  reflection.  The 
dispositions  manifested  by  Congress  it 
self,  were  so  unfriendly  to  the  half-pay 
establishment,  as  to  extinguish  the 
hope  that  any  funds  the  government 
might  acquire  would  be  applied  to  that 
object.  Since  the  passage  of  the  reso 
lution,  the  Articles  of  Confederation, 
which  required  the  assent  of  nine  states 
to  any  act  appropriating  money,  had 
been  adopted;  and  nine  states  had 
never  been  found  in  favor  of  the  meas 
ure.  It  was  also  well  known,  that  the 
prevailing  sentiment  was  opposed  to 
this  mode  of  compensating  the  officers 
of  the  army ;  and  consequently,  it  was 
but  natural,  as  relief  from  active  duty 
gave  them  time  to  reflect  upon  their 
position,-  that  their  inquietude  should 
increase  with  the  nearness  of  the  ap 
proach  of  peace. 

In  the  spring  of  1782,  the  contend 
ing  powers  in  Europe  took  measures  to 
settle  upon  terms  of  peace.  In  April, 
Mi-.  Oswald  went  to  Paris,  and  was 
soon  after  followed  by  Mr.  Grenville, 
who  consulted  with  the  Count  de  Ver- 


1782. 


gennes  in  reference  to  the  preliminaries 
for  a  general  peace  between  all  the 
powers  at  war.  The  British  court  acted, 
nearly  all  the  way  through,  with  a  sort 
of  sullen  acquiescence  in  results  which 
they  could  not  prevent,  and  many  an 
noying  difficulties  were  inter 
posed,  so  as  to  perplex  the  ne 
gotiations  as  much  as  possible,  and  de 
prive  the  United  States  of  every  advan 
tage  which  could  be  wrested  from  them. 

The  Marquis  of  Rockingham  died, 
on  the  1st  of  July,  and  was  succeeded 
by  Lord  Shelburne.  This  nobleman 
agreed  with  the  king  in  determining, 
if  possible,  to  prevent  any  open  and 
absolute  recognition  of  American  inde 
pendence.  Dr.  Franklin  left  upon  one 
of  his  papers  the  following  meinoj'an- 
dum:  "Immediately  after  the  death 
of  Lord  Rockingham,  the  king  said  to 
Lord  Shelbnrne,  '  I  will  be  plain  with 
you,  the  point  next  to  my  heart,  and 
which  I  am  determined,  be  the  conse 
quence  what  it  may,  never  to  relinquish 
but  with  my  crown  and  life,  is  to  pre 
vent  a  total,  unequivocal  recognition 
of  the  independence  of  America.  Prom 
ise  to  support  me  on  this  ground,  and 
I  will  leave  you  unmolested  on  every 
other,  and  with  full  power  as  the  prime 
minister  of  the  kingdom.' "  The  firm 
ness  of  Congress  and  the  American 
commissioners  in  Paris,  prevented  the 
plan  being  carried  out. 

Happily  for  our  country's  interests, 
they  were  entrusted  to  men  entirely 
capable  of  understanding,  appreciating, 
and  defending  them.  The  venerable 
Dr.  Franklin,  now  almost  four-score 
years  old,  was  American  minister  to 
France ;  he  was  joined  by  Mr.  Jay,  from 


156 


CLOSING  OF  THE  REVOLUTIONARY  WAR. 


[13 K.  III. 


Spain,  on  the  23d  of  June,  and  these 
two  principally  conducted  the  negotia 
tions.  Mr.  Adams  canie  from  Holland, 
about  the  close  of  October,  and  Mr. 
Laurens  from  London,  only  a  few  days 
before  the  terms  of  the  treaty  were 
agr-eed  upon.  The  three  main  ques 
tions  of  independence,  the  boundaries, 
and  the  fisheries,  were  arranged  to 
mutual  satisfaction,  the  two  latter  being 
ably  discussed  between  Mr.  Jay  and 
Mr.  Oswald.  Other  questions  relating 
to  compensation  to  the  loyalists  for 
losses,  the  giving  up  of  Canada  to  the 
United  States,  etc.,  occupied  the  atten 
tion  of  the  commissioners ;  but  with  no 
particular  result.  Finally,  on  the  30th 
of  November,  the  provisional  treaty 
was  signed  at  Paris,  by  both  parties, 
in  due  form,  and,  early  the  following 
year,  was  approved  and  ratified  by 
Congress.* 

It  will  be  recollected,  that  the  Amer 
ican  commissioners  were  pointedly  in 
structed,  to  be  governed  in  the  progress 
of  their  negotiations  with  England,  by 
the  advice  and  approval  of  the  French 
court.  Dr.  Franklin  was  inclined  to 
this  course,  as  much  by  his  personal 
regard  .for  the  French,  as  by  its  being 
a  matter  of  instruction.  Mr.  Jay,  how 
ever,  disliking  the  least  appearance  of 
subserviency  to  France,  notwithstand 
ing  the  very  important  aid  which  she 
had.  rendered,  and  was  expected  still 
further  to  render,  to  the  cause  of  Amer 
ica,  was  disposed  to  take  lofty  ground, 

*  Mr.  Watson,  "Men  and  Times  of  the  Revolution" 
pp.  203-G,  gives  an  interesting  account  of  his  being 
present  when  the  king  read  his  speech  in  Parlia 
ment,  December  5th,  1782.  See  Appendix  I.,  at  the 
end  of  the  present  chapter. 


1782. 


and  to  insist  upon  nice  points,  wherein 
his  colleague  did  not  feel  called  upon 
to  be  so  tenacious.  When  Mr.  Oswald 
presented  his  commission,  to  treat  with 
any  duly  authorized  persons  from  the 
colonies,  or  plantations  of  America,  Mr. 
Jay  absolutely  refused  to  pro 
ceed,  except  the  United  States 
were  recognized  as  an  independent  na 
tion,  although  Dr.  Franklin  and  Count 
de  Vergennes  thought  the  scruple  was 
needless,  since,  to  all  intents  and  pur 
poses,  the  independence  of  the  United 
States  was  acknowledged,  in  fact,  if 
not  in  words.  The  consequence  of  Mr. 
Jay's  fixed  determination  to  be  inde 
pendent  in  action,  was,  that  the  nego 
tiations  proceeded,  and  the  provisional 
articles  were  agreed  upon,  without  con 
sulting  the  Court  of  Versailles.  Mr. 
Adams*  fully  accorded  with  Mr.  Jay, 
and  Dr.  Franklin  went  with  his  col 
leagues  in  the  matter;  and  though 
they  violated  their  instructions,  and 
though  there  were  not  wanting  per 
sons  at  home,  to  censure  their  conduct 
severely,  yet  it  may  now  be  asserted, 
without  fear  of  contradiction,  that  they 
did  what  was  right,  and  what  was  best 
for  their  country's  interests. 

Count  de  Vergennes  very  naturally 
complained  of  the  course  pursued  by 
the  American  commissioners,  and  Dr. 
Franklin  was  deputed  to  make  the  best 
apology  that  he  could  in  their  behalf. 


*  Tlie  grandson  of  Mr.  Adams,  in  giving  an  ac 
count  of  that  distinguished  patriot's  services,  in  ne 
gotiating  the  treaty  of  peace,  takes  a  view,  much  less 
favorable-  than  Mr.  Sparks's,  of  the  diplomatic  charac 
ter  and  course  of  the  Count  de  Vergenues  and  the 
French  court  in  general. — See  "  Life  and  Works  of 
John  Adams"  vol.  i.,  pp.  392-5. 


CH.  IX.]  . 


PETITION   OF  THE   OFFICERS  TO  CONGRESS. 


157 


Mr.  Sparks  gives  the  count's  letter  to 
M.  de  la  Luzerne,  in  America,  in  which 
he  speaks  of  this  subject,  and  states 
also,  what  a  perusal  of  Franklin's  letter 
to  the  count  verifies,  that  he  executed 
the  delicate  task  of  apologizing  with 
such  success  as  to  soften,  at  least,  the 
displeasure  of  the  French  court.*  Per 
haps,  under  the  circumstances,  suspicion 
as  to  the  real  designs  of  France,  was 
not  unnatural  on  the  part  of  the  Amer 
ican  commissioners,  particularly  when, 
as  we  know,  the  British  envoys  en 
deavored  constantly  to  excite  and 
foment  doubts  and  jealousies  as  to  the 
ulterior  plans  and  purposes  of  the 
French.  On  the  whole,  however,  while 
we  render  our  tribute  of  gratitude  to 
Mr.  Jay  for  the  noble,  manly,  national 
ground  which  he  assumed  and  main 
tained,  and  on  which  his  fellow-com 
missioners,  especially  Mr.  Adams,  stood 
with  him,  we  feel  bound  to  quote  Mr. 
Sparks's  language  in  defence  of  the 
great  ally  of  the  United  States :  "  The 
French  court,  from  first  to  last,  adhered 
faithfully  to  the  terms  of  the  alliance, 
not  that  they  had  any  special  partiality 
for  the  Americans,  or  were  moved  by 
the  mere  impulse  of  good  will  and 
friendship,  unmixed  with  motives  of 
interest.  Why  should  this  be  ex 
pected  ?  When  was  entire  disinter 
estedness  ever  known  to  characterize 
the  intercourse  between  nations  ?  But 
no  fact  in  the  history  of  the  American 
Revolution  is  more  clearly  demon 
strable,  than  that  the  French  govern 
ment,  in  their  relations  with  the  United 
States,  during  the  war,  and  at  the 


*  See  Sparks's  "Life  of  Franklin,'1'1  p.  490. 
VOL.  IL— 20 


1782. 


peace,  maintained  strictly  their  honor 
and  fidelity  to  their  engagements ;  nay, 
more,  that  they  acted  a  generous,  and, 
in  some  instances,  a  magnanimous 
part."* 

Soon  after  going  into  winter-quarters, 
the  officers  of  the  army  resolved  to 
memorialize  Congress  on  the  sub 
ject  of  their  accounts,  and  deputed 
General  M'Douorall  and  Colonels  Os;- 

o  O 

den  and  Brooks,  to  wait  on  that  body 
and  give  attention  to  their  interests. 
This  was  in  the  month  of  December. 
The  "  Address  and  Petition"  of 
the  officers  was  an  able  docu 
ment,  and  well  calculated  to  rouse  Con 
gress  to  some  definite  action.  The 
commutation  of  the  half  pay,  stipulated 
by  the  resolve  of  October,  1*780,  -was 
strongly  urged,  not  so  much  as  the 
opinion  of  men  who  considered  it  just 
or  right,  as  of  men  driven  nearly  to 
desperation,  and  almost  crushed  to  the 
earth  with  hardships,  and  poverty,  and 
exertions  in  their  country's  cause.  "  It 
would  be  criminal  in  the  officers"- 
these  are  the  concluding  words  of  their 
Address, — "  to  conceal  the  general  dis 
satisfaction  which  prevails,  and  is  gain 
ing  ground  in  the  army,  from  the  pres 
sure  of  evils  and  injuries,  which,  in  the 
course  of  seven  long  years,  have  made 
their  condition,  in  many  instances, 
wretched.  They  therefore  entreat, 
that  Congress,  to  convince  the  army 
and  the  world,  that  the  independence 

*  Sparks's  "  Life  of  Franklm,"  p.  495.  In  con 
nection  with  this  whole  topic,  the  reader  will  find  it 
to  his  advantage  tc  consult  Fitkin's  "  Political  and 
Civil  History  of  the  United  States"  vol.  ii.,  pp.  123- 
152 ;  Jay's  "Life  of  John  Jay,"  vol.  i.,  p.  133,  etc. ; 
"  Life  and  Works  of  John  Adams,''1  vol.  i.,  pp.  354- 
399. 


158 


CLOSING  OF  THE  REVOLUTIONARY  WAR. 


III. 


of  America  shall  not  be  placed  on  the 
ruin  of  any  particular  class  of  her  citi 
zens,  will  point  out  a  mode  of  imme 
diate  redress." 

There  were  those,  undoubtedly,  in 
Congress  disposed  to  do  full  justice  to 
the  army;  there  were  men  in  that 
body  who  felt  deeply  in  behalf  of 
those  noble  patriots,  who  had  sacri 
ficed  every  thing  for  the  independence 
of  their  country,  and  who  had  endured 
every  species  of  hardship  and  every 
form  of  suffering  which  falls  to  the  lot 
of  a  soldier;  there  were  members  of 
the  national  legislature  who  desired  to 
act  in  a  truly  national  spirit  and  man 
ner,  and  faithfully  discharge  the  solemn 
obligation  which  lay  upon  them,  to 
pay  the  officers  of  the  army  every 
dollar  which  was  due  to  them.  But, 
we  are  sorry  to  say,  the  majority  of 
Congress  felt  otherwise  on  this  topic. 
Jealous  of  state  rights  and  state  sove- 

O 

reignty,  they  opposed  the  liquidating 
the  officers'  claims  by  a  continental 
fund  and  securities,  and  urged  the  plan 
of  referring  unsettled  accounts  to  the 
respective  states.*  Congress 
took  up  the  memorial,  passed 
some  resolves,  recognized  the  claims 
of  public  creditors,  but  suggested  no 
effectual  means  of  establishing  funds 
or  giving  security.  The  whole  winter 
passed  in  this  tantalizing,  unsatisfactory 
way,  and  the  committee  reported,  early 
in  March,  that  nothing,  to  any  purpose 
at  least,  had  been  done. 

The  crisis  was  now  at  hand.     Dis 
appointed,  irritated,  and  indignant,  the 


*  See  note  in  Curtis's  "  History  of  the  Constitu 
tion,"  vol.  i.,  pp.  194-99. 


1783. 


feeling  began  to  spread  among  the 
officers,  that  more  energetic  measures 
and  conduct  were  called  for.  A  meet 
ing  of  the  officers  was  privately  deter 
mined  upon,  and  on  the  10th  of  March, 
a  notification  to  that  effect  was  circu 
lated  in  camp,  fixing  the  time,  and  set 
ting  forth  the  object.  The  same  day, 
an  anonymous  address  to  the  army  was 
issued,  the  first  of  the  famous  "  New- 
burg  Addresses."  It  was  written  with 
great  ability  and  skill,  and  was  not 
deficient  in  eloquent  and  passionate 
appeals  to  men  who  felt  themselves 
suffering  keenly  under  public  ingrati 
tude  and  neglect.*  Washington  saw 
at  once,  what  must  result  from  a  meet- 
in  2;  held  under  such  excitement  as  was 

O 

then  existing ;  and  he  interposed  with 
great  wisdom  and  prudence.  He  for 
bade  the  meeting  at  the  call  of  an 
anonymous  paper,  and  directed  the 
officers  to  meet  on  Saturday,  the  15th, 
to  hear  the  report  of  their  committee, 
and  to  deliberate  upon  the  measures 
necessary  to  be  adopted.  Another  ad 
dress,  from  the  same  pen,  was  issued 
the  next  day,  in  which  it  was  adroitly 
claimed  that  the  commander-in-chief 
sanctioned  "the  contemplated  proceed 
ing.  Washington  now  saw  clearly,  that 
he  must  be  present,  and  must  use  all 
his  influence  to  inculcate  moderation 
and  allay  discontents  and  irritations. 
He  shrank  not  from  the  post  of  duty. 

His  sympathies  were  warmly  with 
the  army ;  but  he  knew  too  well  the 
shame  and  disgrace  which  would  at- 

*  These  Addresses  were  written  by  Major,  after 
wards  General,  Armstrong,  aide-de-camp  to  General 
Gates.  The  first  and  principal  one  will  he  found  in 
Appendix  II.  at  the  end  of  the  present  chapter. 


CH.  IX.] 


WASHINGTON'S  ADDRESS  TO  THE  OFFICERS. 


159 


tach  to  them  were  they  to  be  guided 
by  rash  and  incendiary  leaders,  such 
as  the  anonymous  addresser  certainly 
was.  He  strove  earnestly,  by  con 
versing  with  the  officers,  and  reason- 

O 

ins:  with  them,  as  he  so  well  knew 

O  ' 

how,  to  calm  their  minds,  and  prepare 
them  for  the  adoption  of  moderate 
measures.  The  officers  assembled ; 
General  Gates  was  placed  in  the 
chair ;  and  their  beloved  commander- 
in-chief,  preparing  to  speak  to  them, 
found  tears  unbidden  springing  forth. 
"  My  eyes,"  were  his  touching  words, 
"  have  grown  dim  in  my  country's  ser 
vice,  but  I  never  doubted  of  its  jus 
tice."  He  then  proceeded  to  read  the 
address  which  he  had  prepared,*  an 
address  replete  with  wise,  and  just, 
and  patriotic  sentiments,  and  earnestly 
urged  upon  the  army,  not  to  be  rash 
or  hasty  in  action,  and  not  to  tarnish 
the  good  name  which  they  had  earned 
by  so  many  sacrifices,  and  so  unselfish 
a  devotion  to  the  best  interests  of  their 
country.  Pledging  himself  to  use  his 
utmost  efforts  in  their  behalf,  in  order 
to  secure  their  rights  and  privileges, 
he  besought  them  to  rely  on  the 
plighted  faith  of  the  United  States, 
nothing  doubting  that  that  faith  would 
be  sacredly  preserved. 

When  he  had  finished  his  address,f 
every  heart  was  touched.  Washing 
ton  withdrew  in  -silence.  No  one  ven 
tured  to  say  a  word  in  opposition  to  his 

*  See  Appendix  ITT.,  at  the  end  of  the  present 
chapter. 

t  "  It  was  happy  for  the  army  and  country,  that 
when  his  Excellency  had  finished  and  withdrawn,  no 
one  rose  and  observed:  'That  General  Washington 
was  about  to  quit  the  military  line  laden  with  honor, 


17H3. 


paternal  counsel ;  and  the  happy  mo 
ment  was  seized  for  preparing  and 
adopting  resolutions  in.  accordance  with 
the  spirit  of  the  commauder-in- 
chiefs  advice.  Reciprocating 
his  affectionate  expressions,  and  avmv- 
ing  their  determination,  not  to  sully 
the  glory  acquired  by  eight  years  of 
faithful  service,  they  declared  their 
unshaken  confidence  in  the  justice  of 
Congress  and  their  country,  arid  "  view 
ed  with  abhorrence,  and  rejected  with 
disdain,  the  infamous  proposition  con 
tained  in  a  late  anonymous  address  to 
the  officers  of  the  army." 

Truly,  as  Mr.  Curtis  well  says,  "  even 
at  this  distant  day,  the  peril  of  that 
crisis  can  scarcely  be  contemplated 
without  a  shudder.  Had  the  com- 
mander-in-chief  been  other  than  Wash 
ington,  had  the  leading  officers  by  whom 
he  was  surrounded,  been  less  than  the 
noblest  of  patriots,  the  land  would  have 
been  deluged  with  the  blood  of  a  civil 
war.  But  men  who  had  suffered  what 
the  great  officers  of  the  Revolution  had 
suffered,  had  learned  the  lessons  of 
self-control  which  suffering  teaches. 
The  hard  school  of  adversity  in  which 
they  had  passed  so  many  years,  made 
them  sensible  to  an  appeal,  which  only 
such  a  chief  as  Washington  could  make." 
In  accordance  with  his  promise,  Wash 
ington  immediately  wrote  an  energetic 
letter  to  the  President  of  Congress, 
in  which  he  justly  says,  "the  result 


and  that  he  had  a  considerable  estate  to  support  him 
with  dignity,  but  that  their  case  was  very  different.' 
Had  such  ideas  been  thrown  out,  and  properly  en 
larged  upon,  the  meeting  would  probably  have  con 
cluded  very  differently." — Gordon's  "  History  of  the 
American  Revolution,"  vol.  iii.,  p.  301. 


160 


CLOSING   OF  THE  REVOLUTIONARY  WAR. 


[HK.  111. 


of  ike  proceedings  of  the  grand  con 
vention  of  the  officers,  which  I  have 
the  honor  of  enclosing  to  your  Excel 
lency,  for  the  inspection  of  Congress, 
will,  I  flatter  myself,  be  considered  as 
the  last  glorious  proof  of  patriotism 
which  could  have  been  given,  by  men 
who  aspired  to  the  distinction  of  a  pat 
riot  army,  and  will  not  only  confirm 
their  claim  to  the  justice,  but  will  in 
crease  their  title  to  the  gratitude,  of 
their  country."  His  concluding  words 
are  equally  strong,  wherein  he  says : 
"If,  besides  the  simple  payment  of 
their  wages,  a  further  compensation  is 
not  due  to  the  sufferings  and  sacrifices 
of  the  officers,  then  have  I  been  mis 
taken  indeed.  If  the  whole  army  have 
not  merited  whatever  a  grateful  people 
can  bestow,  then  have  I  been  beguiled 
by  prejudice,  and  built  opinion  on  the 
basis  of  error.  If  this  country  should 
not,  in  the  event,  perform  everything 
which  has  been  requested  in  the  late 
memorials  to  Congress,  then  will  my 
belief  become  vain,  and  the  hope  that 
has  been  excited  void  of  foundation. 
And  if,  as  has  been  suggested,  for  the 
purpose  of  inflaming  their  passions,  the 
officers  of  the  army  are  to  be  the  only 
sufferers  by  this  Revolution ;  if,  retiring 
from  the  field,  they  are  to  grow  old  in 
poverty,  wretchedness,  and  contempt; 
if  they  are  to  wade  through  the  vile 
mire  of  dependency,  and  owe  the  mis 
erable  remnant  of  that  life  to  charity 
which  has  hitherto  been  spent  in  honor ; 
then  shall  I  have  learned  what  ingrat 
itude  is ;  then  shall  I  have  realized  a 
tale  which  will  embitter  every  moment 
of  my  future  life.  But  I  am  under  no 
such  apprehensions ;  a  country  rescued 


by  their  arms  from  impending  ruin,  will 
never  leave  unpaid  the  debt  of  grati 
tude." 

Congress,  on  the  22d  of  March,  passed 
certain  resolves,  by  which  the  half-pay 
for  life,  was  commuted  to  five  years' 
full  pay,  after  the  close  of  the  war,  to 
be  received  at  the  option  of 
Congress,  or,  in  securities,  such 
as  were  given  to  the  other  creditors  of 
the  United  States.  Early  in  July,  the 
accounts  of  the  army  were  finally  made 
up  and  adjusted.* 

Preliminaries  for  restoring  peace  be 
tween  France  and  Great  Britain,  and 
Spain  and  Great  Britain,  were  signed 
at  Versailles,  on  the  20th  of  January: 
at  the  same  time,  an  agreement  was 
entered  into  between  the  American 
and  British  ministers  relative  to  a  ces 
sation  of  hostilities.  On  the  24th  of 
March,  intelligence  of  a  general  peace 
reached  America  by  a  letter  from  the 
Marquis  de  Lafayette  ;  and  orders  were 
immediately  issued,  recalling  all  armed 
vessels  cruising  under  the  authority  of 
the  United  States.  Congress  soon  after 
received  official  information  of  the 
agreement  between  the  ministers  of 

O 

the  United  States  and  Great  Britain, 
and  of  the  exchange  of  ratifications  of 
the  preliminary  articles  between  Great 
Britain  and  France  ;  and,  on  the  llth 
of  April,  they  issued  a  proclamation, 
declaring  the  cessation  of  arms,  as  well 
by  sea  as  by  land,  agreed  upon  be 
tween  the  United  States  and  his  Brit 
annic  majesty,  and  enjoining  its  strict 
observance. 

*  See  a  valuable  note  in  Mr.  Curtis's  "  History  of 
the  Constitution,"  vol.  i.,  pp.  190-04,  "On  the  Half- 
Pay  for  the  Officers  of  the  Revolution." 


CH.  IX.] 


MUTINY   IN    PENNSYLVANIA. 


The  19th  of  April,  just  eight  years 
from  that  memorable  day,  on  which 
the  first  blood  of  American  freemen 
had  been  shed  at  Lexington,  was  se 
lected  as  the  day  most  fitting  for  pro 
claiming  to  the  army  the  cessation  of 
hostilities.  The  illustrious  commander- 
in-chief  addressed  the  army  on  the  oc 
casion,  and  with  that  constant  regard 
to  the  blessing  of  God  upon  our  arms, 
as  shown  all  through  the  war,  he  'or 
dered  that  "  the  chaplains,  with  the 
several  brigades,  render  thanks  to  Al 
mighty  God  for  all  his  mercies,  par 
ticularly  for  his  overruling  the  wrath 
of  man  to  his  own  glory,  and  causing 
the  rage  of  war  to  cease  among  the 
nations." 

The  Independence  of  the  United 
States  was  acknowledged  by  Sweden, 
on  the  5th  of  February ;  by 
Denmark,  on  the  25th  of  Feb 
ruary  ;  by  Spain,  on  the  24th  of  March ; 
and  by  Russia,  in  July.  About  the 
same  time  respectively,  treaties  of 
amity  and  commerce,  were  concluded 
with  each  of  these  powers. 

The  reduction  of  the  army,  conse 
quent  upon  the  peace,  required  much 
care,  especially  as,  notwithstanding 
what  had  taken  place,  the  officers  and 
troops  had  not  yet  received  the  pay 
which  was  due  to  them.  Furloughs 
were  freely  granted  on  the  application 
of  individuals,  and  after  their  leaviuo- 

*  O 

the  camp,  they  were  enjoined  not  to  re 
turn.  By  this  arrangement,  a  critical 
moment  was  got  over.*  A  great  part 
of  an  unpaid  army  was  dispersed  over 


*  See  Marshall's  "  Life  of  Washington"  vol.  ii., 
pp.  53,  4. 


17S3. 


the  states  during  the  summer,  without 
tumult  or  disorder. 

The  admirable  behavior  of  the  vete 
rans  under  Washington's  own  eye,  was 
especially  gratifying.  It  was  very  an 
noying  to  him,  however,  that  some  new 
levies  at  Lancaster,  in  Pennsylvania, 
by  their  mutinous  conduct,  tarnished 
the  good  name  of  an  American  soldier. 
About  eighty  men  of  these  troops 
marched  in  a  body  to  Philadelphia, 
where  they  were  joined  by  some  others, 
so  as  to  amount,  in  the  whole,  to  three 
hundred.  They  marched  with  fixed 
bayonets,  to  the  State-house,  in  which 

V 

Congress  and  the  state  executive  coun 
cil  held  their  sessions.  They 
placed  guards  at  every  door, 
and  threatened  the  president  and  coun 
cil  of  the  state,  with  letting  loose  an 
enraged  soldiery  upon  them,  unless 
they  granted  their  demands  in  twenty 
minutes.  As  soon  as  this  outrage  was 
made  known  to  Washington,  he  de- 

O 

tached  General  Howe,  with  a  compe 
tent  force,  to  suppress  the  mutiny. 
This  was  effected  without  bloodshed 
before  his  arrival.  The  mutineers  were 
too  inconsiderable,  to  commit  exten 
sive  mischief;  but  their  disgraceful 
conduct  excited  the  greatest  indigna 
tion  in  Washington's  breast,  and  he 
wrote  to  the  president  of  Congress  a 
letter,  expressive  of  the  deep  mortifi 
cation  which  he  had  sustained  in  con 
sequence  of  this  occurrence. 

While  the  army  was  still  in  its  can 
tonment  on  the  Hudson,  the  officers, 
with  a  view  of  perpetuating  their  friend 
ships,  formed  themselves  into  "  THE 
SOCIETY  OF  THE  CINCINNATI,"  so  named 
after  the  famous  Roman  patriot  Cin- 


162 


CLOSING  OF  THE  REVOLUTIONARY  WAR. 


[RK.  III. 


cinnatns.  The  illustrious  commander-in- 
chief  yielded  to  the  wishes  of  his  com 
patriots  in  arms,  and  was  placed  at  the 
head  of  the  society.  By  its  rules,  the 
honors  of  the  society  wrere  to  be  hered 
itary  in  their  respective  families,  and 
distinguished  individuals  mi^ht  be  ad- 

O  O 

mitted  as  honorary  members  for  life. 
These  circumstances,  together  with  the 
union  of  the  officers  of  the  army,  soon 
excited  jealousy  and  opposition  in  the 
community ;  several  individuals  of 
which  supposed,  that  the  hereditary 
part  of  the  institution  would  be  a 
germ  of  nobility.  It  was  the  usual 
policy  of  Washington,  to  respect  the 
opinions  of  the  people,  in  matters  in 
different,  or  of  small  magnitude,  though 
he  misrht  think  them  mistaken.  Ilav- 

O 

ing  ascertained  the  feelings  of  the  large 
body  of  the  people  respecting  the  prob 
able  tendency  of  this  perpetual  hered 
itary  society,  he  successfully  exerted 
his  influence  to  new  model  its  rules,  by 
relinquishing  the  hereditary  principle, 
and  the  power  of  adopting  honorary 
members.  This  was  done  in  May, 
1784.  The  result  proved  the  wisdom 
of  the  measure;  for  all  jealousies  of 
the  society,  henceforward,  were  done 
away,  and  the  members  thereof  were 
received  as  brethren,  by  the  most  sus 
picious  of  its  opponents. 

While  .arrangements  were  making 
for  the  final  dismission  of  the  army, 
Washington,  intent  upon  the  great 
questions  pressing  upon  his  mind,  as 
to  the  future  career  of  his  beloved 
country,  consulted  freely  with  Con 
gress,  recommended  the  forming  a 
well-regulated  and  disciplined  militia 
during  peace:  and  determined  toad- 


1783 


dress  a  circular  letter  to  the  governors 
of  each  of  the  states.  It  was  dated  at 
Newburor  June  8th.  1783,  and, 
as  Mr.  Sparks  justly  says,  "  is 
remarkable  for  its  ability,  the  deep 
interest  it  manifests  for  the  officers  and 
soldiers,  who  had  fought  the  battles 
of  their  country,  the  soundness  of  its 
principles,  and  the  wisdom  of  its  coun 
sels."*  The  concluding  words  of  the 
letter  were  these,  and  they  well  de 
serve  to  be  noted  by  every  American: 
"I  now  make  it  my  earnest  prayer, 
that  God  would  have  you,  and  the 
state  over  which  you  preside,  in  his 
holy  protection  ;  that  he  would  incline 
the  hearts  of  the  citizens  to  cultivate  a 
spirit  of  subordination  and  obedience 
to  government  ;  to  entertain  a  brother 
ly  affection  and  love  for  one  another  ; 
for  their  fellow-citizens  of  the  United 
States  at  large  ;  and  particularly  for 
their  brethren  who  have  served  in  the 
field;  and,  finally,  that  he  would  be 
most  graciously  pleased  to  dispose  us 
all  to  do  justice,  to  love  mercy,  and  to 
demean  ourselves  with  that  charity, 
humility,  and  pacific  temper  of  the 
mind,  which  were  the  characteristics 
of  the  Divine  Author  of  our  blessed 
religion  ;  without  an  humble  imitation 
of  whose  example,  in  these  things,  we 
can  never  hope  to  be  a  happy  nation." 
On  the  3d  of  September,  1783,  the 
Definitive  Treaty  of  Peace,  between 
Great  Britain  and  the  United  States 
of  America,  was  signed  at 
Paris,  by  David  Hartley,  Esq., 
on  the  part  of  his  Britannic  Majesty, 


*  See  Appendix  TV.,  at  the  end  of  the  present 
chapter. 


CH.  IX.] 


DEFINITIVE  TREATY    OF  PEACE. 


163 


and  by  John  Adams,  Benjamin  Frank 
lin,  and  John  Jay,  Esqs.,  on  the  part 
of  the  United  States.*  The  Treaty 
was  ratified  by  Congress  early  in  Janu 
ary,  1784.  The  importance  of  this 
document  warrants  its  being  spread  out 
in  full  upon  our  pages. 

IN   THE    NAME    OF  THE    MOST  HOLY  AND  UN 
DIVIDED   TRINITY. 

It.  having  pleased  the  Divine  Provi 
dence  to  dispose  the  hearts  of  the  most 
serene  and  most  potent  prince,  George 
the  Third,  by  the  grace  of  God  King 
of  Great  Britain,  France,  and  Ireland, 
Defender  of  the  Faith,  Duke  of  Bruns 
wick  and  Lunenburg,  Arch-Treasurer 
and  Prince  Elector  of  the  holy  Roman 
empire,  etc.,  and  of  the  United  States 
of  America,  to  forget  all  past  mis 
understandings  and  differences  that 
have  unhappily  interrupted  the  good 
correspondence  and  friendship  which 
they  mutually  wish  to  restore,  and  to 
establish  such  a  beneficial  and  satis 
factory  intercourse  between  the  two 
countries,  upon  the  ground  of  recipro 
cal  advantages  and  mutual  conve 
nience,  as  may  promote  and  secure  to 


*  Dr.  Franklin,  in  a  letter  to  Charles  Thomson  re 
specting  this  important  event,  expresses  himself  in 
words  well  worthy  of  remembrance:  "Thus  the 
great  and  hazardous  enterprise  we  have  been  engaged 
in,  is,  (lod  be  praised,  happily  completed ;  an  event  I 
hardly  expected  I  should  live  to  see.  A  few  years 
of  peace,  well  improved,  will  restore  and  increase 
our  strength ;  but  our  future  safety  will  depend  on 
our  union  and  our  virtue.  Britain  will  be  long 
watching  for  advantages  to  recover  what  she  has 
lost.  If  we  do  not  convince  the  world,  that  we  are 
a  nation  to  be  depended  on  for  fidelity  in  treaties ;  if 
we  appear  negligent  in  paying  our  debts,  and  un 
grateful  to  those  who  have  served  and  befriended 
us ;  our  reputation,  and  all  the  strength  it  is  capable 


both  perpetual  peace  and  harmony; 
and  having  for  this  desirable  end  al 
ready  laid  the  foundation  of  peace 
and  reconciliation,  by  the  provisional 
articles  signed  at  Paris,  on  the  30th  of 

O 

November,  1782,  by  the  commissioners 
empowered  on  each  part;  which  articles 
were  agreed  to  be  inserted  in,  and  to 
constitute  the  treaty  of  peace  proposed 
to  be  concluded  between  the  crown  of 
Great  Britain  and  the  said  United 
States,  but  which  treaty  was  not  to  be 
concluded  until  the  terms  of  peace 
should  be  agreed  upon  between  Great 
Britain  and  France,  and  his  Britannic 
majesty  should  be  ready  to  conclude 
such  treaty  accordingly;  and  the  treaty 
between  Great  Britain  and  France  hav 
ing  since  been  concluded,  his  Britannic 
majesty  and  the  United  States  of 
America,  in  order  to  carry  into  full 
effect  the  provisional  articles  above 
mentioned,  according  to  the  tenor 
thereof,  have  constituted  and  appoint 
ed,  that  is  to  say,  his  Britannic  majesty 
on  his  part,  David  Hartley,  Esq.,  mem 
ber  of  the  Parliament  of  Great  Britain ; 
and  the  said  United  States  on  their 
part,  John  Adams,  Esq.,  late  a  Com- 


of  procuring,  will  be  lost,  and  fresh  attacks  upon  us 
be  encouraged  and  promoted  by  better  prospects  of 
success.  Let  us,  therefore,  beware  of  being  lulled  into 
a  dangerous  security,  and  of  being  both  enervated 
and  impoverished  by  luxury ;  of  being  weakened  by 
internal  combinations  and  divisions;  of  being  shame 
fully  extravagant  in  contracting  private  debts,  while 
we  are  backward  in  discharging  honorably  those  of 
the  public:  of  neglect  in  military  exercises  and  dis 
cipline,  and  in  providing  stores  of  arms  and  munitions 
of  war,  to  be  ready  on  occasion ;  for  all  these  are 
circumstances  that  give  confidence  to  enemies,  and 
diffidence  to  friends ;  and  the  expenses  required  to 
prevent  a  war  are  much  lighter  than  those  that  will,  if 
not  prevented,  be  absolutely  necessary  to  maintain  it." 


164 


CLOSING  OF  THE  REVOLUTIONARY  WAR, 


[BK.  in. 


missioner  of  the  United  States  of 
America  at  the  court  of  Versailles, 
late  delegate  in  Congress  from  the 

o  o 

State  of  Massachusetts,  and  chief  jus 
tice  of  the  said  state,  and  minister 
plenipotentiary  of  the  said  United 
States  to  their  hio;h  mightinesses  the 

o  o 

States  General  of  the  United  Nether 
lands;  Benjamin  Franklin,  Esq.,  late 
delegate  in  Congress  from  the  State 
of  Pennsylania,  president  of  the  Con 
vention  of  the  said  State,  and  minister 
plenipotentiary  from  the  United  States 
of  America  at  the  court  of  Versailles ; 
and  John  Jay,  Esq.,  late  President  of 
Congress,  and  chief  justice  of  the  State 
of  New  York,  and  minister  plenipoten 
tiary  from  the  said  United  States  at 
the  court  of  Madrid  ;  to  be  the  pleni 
potentiaries  for  the  concluding  and 
signing  the  present  definitive  treaty; 
who,  after  having  reciprocally  commu 
nicated  their  respective  full  powers, 
have  agreed  upon  and  confirmed  the 
following  articles. 

AET.  I.  His  Britannic  majesty  ac 
knowledges  the  said  United  States, 
viz.,  New  Hampshire,  Massachusetts 
Bay,  Ehode  Island  and  Providence 
Plantations,  Connecticut,  New  York, 
New  Jersey,  Pennsylvania,  Delaware, 
Maryland,  Virginia,  North  Carolina, 
South  Carolina,  and  Georgia,  to  be 
free, sovereign,  and  independent  States; 
that  he  treats  them  as  such,  and  for 
himself,  his  heirs,  and  successors,  relin 
quishes  all  claim  to  the  government, 
proprietary,  and  territorial  rights  of 
the  same,  and  every  part  thereof. 

ART.  II.  And  that  all  disputes  which 
might  arise  in  future  on  the  subject  of 
the  boundaries  of  the  said  United 


States  may  be  prevented,  it  is  hereby 
agreed  and  declared,  that  the  follow 
ing  are  and  shall  be  their  boundaries, 
viz. :  from  the  northwest  angle  of 
Nova  Scotia,  viz. :  that  angle  which  is 
formed  by  a  line  drawn  clue  north 
from  the  source  of  St.  Croix  River  to 
the  high  lands  which  divide  those 
rivers  that  empty  themselves  into  the 
River  St.  Lawrence,  from  those  which 
fall  into  the  Atlantic  Ocean,  to  the 
north-westernmost  head  of  Connecticut 
River ;  thence  drawn  alons;  the  middle 

'  O 

of  that  river  to  the  forty-fifth  degree 
of  north  latitude ;  from  thence  by  a 
line  due  west  on  said  latitude,  until  it 
strikes  the  River  Iroquois  or  Cataraquy ; 
thence  alonir  the  middle  of  said  river 

O 

into  Lake  Ontario  ;  through  the  middle 
of  said  Lake,  until  it  strikes  the  com 
munication  by  water  between  that  lake 
and  Lake  Erie ;  thence  along  the  mid 
dle  of  the  said  communication  into 
Lake  Erie,  through  the  middle  of  said 

O 

lake,  until  it  arrives  at  the  water  com 
munication  between  that  lake  and 
Lake  Huron ;  thence  through  the  mid 
dle  of  said  lake,  to  the  water  commu 
nication  between  that  lake  and  Lake 
Superior;  -thence  through  Lake  Su 
perior  northward  to  the  isles  Royal 
and  Philipeaux,  to  the  Long  Lake ; 
thence  through  the  middle  of  said 
Long  Lake,  and  the  water  communica 
tion  between  it  and  the  Lake  of  the 
Woods,  to  the  said  Lake  of  the  Woods ; 
thence  through  the  said  lake  to  the 

O 

most  north-westernmost  point  thereof, 
and  from  thence  a  due  west  course  to 
the  River  Mississippi ;  thence  by  a  line 
to  be  drawn  along  the  middle  of  the 
said  River  Mississippi,  until  it  shall  in- 


CH.  IX.] 


DEFINITIVE  TREATY  OF  PEACE. 


165 


tersect  the  northernmost  part  of  the 
thirty-first  degree  of  north  latitude ; 
south,  by  a  line  to  be  drawn  due  east 
from  the  determination  of  the  line  last 
mentioned,  in  the  latitude  of  thirty-one 
degrees  north  of  the  equator,  to  the 
middle  of  the  River  Apalachicola  or 
Catahouche ;  thence  along  the  middle 
thereof,  to  its  junction  with  the  Flint 
River ;  thence  straight  to  the  head  of 
St.  Mary's  River,  and  thence  down  the 
middle  of  St.  Mary's  River,  to  the  At 
lantic  Ocean ;  east,  by  a  line  to  be  drawn 
along  the  middle  of  the  River  St.  Croix, 
from  its  mouth  in  the  Bay  of  Fundy  to  its 
source,  and  from  its  source  directlynorth 
to  the  aforesaid  high  lands,  which  divide 
the  rivers  that  fall  into  the  Atlantic 
Ocean  from  those  which  fall  into  the 
River  St.  Lawrence,  comprehending  all 
islands  within  twenty  leagues  of  any  part 
of  the  shores  of  the  United  States,  and 
lying  between  lines  to  be  drawn  due 
east  from  the  points  where  the  afore 
said  boundaries  between  Nova  Scotia 
on  the  one  part,  and  East  Florida  on 
the  other,  shall  respectively  touch  the 
Bay  of  Fundy  and  the  Atlantic  Ocean, 
excepting  such  islands  as  now  are  or 
heretofore  have  been  within  the  limits 
of  the  said  province  of  Nova  Scotia. 

Art.  III.  It  is  agreed,  that  the  peo 
ple  of  the  United  States  shall  continue 
to  enjoy  unmolested,  the  right  to  take 
fish  of  every  kind  on  the  Great  Bank, 
and  on  all  the  other  banks  of  New 
foundland  ;  also  in  the  Gulf  of  St. 
Lawrence,  and  at  all  other  places  in 
the  sea  where  the  inhabitants  of  both 
countries  used  at  any  time  heretofore 
to  fish ;  and  also  that  the  inhabitants 
of  the  United  States  shall  have  liberty 
VOL.  II.— 21 


to  take  fish  of  every  kind  on  such  part 
of  the  coast  of  Newfoundland  as  British 
fishermen  shall  use,  (but  not  to  dry  or 
cure  the  same  on  that  island,)  and  also 
on  the  coasts,  bays,  and  creeks,  of  all 
other  of  his  Britannic  majesty's  domin 
ions  in  America ;  and  that  the  Amer 
ican  fishermen  shall  have  liberty  to 
dry  and  cure  fish  in  any  of  the  unset 
tled  bays,  harbors,  and  creeks  of  Nova 
Scotia,  Magdalen  Islands,  and  Labra 
dor,  so  long  as  the  same  shall  remain 
unsettled ;  but  as  soon  as  the  same 
shall  be  settled,  it  shall  not  be  lawful 
for  the  said  fishermen  to  dry  or  cure 
fish  at  such  settlement,  without  a  pre 
vious  agreement  for  that  purpose  with 
the  inhabitants,  proprietors,  or  pos 
sessors  of  the  ground. 

ART.  IV.  It  is  agreed,  that  the  cred 
itors,  on  either  side  shall  meet  with  no 
lawful  impediment  to  the  recovery  of 
the  full  value  in  sterling  money  of  all 
bona  fide  debts  heretofore  contracted. 

ART.  V.  It  is  agreed,  that  Congress 
shall  earnestly  recommend  it  to  the 
legislatures  of  the  respective  states,  to 
provide  for  the  restitution  of  all  estates, 
rights,  and  properties,  which  have  been 
confiscated,  belonging  to  real  British 
subjects ;  and  also  of  the  estates,  rights, 
and  properties,  of  persons  resident  in 
districts  in  the  possession  of  his  majes 
ty's  arms,  and  who  have  not  borne 
arms  against  the  said  United  States; 
and  that  persons  of  any  other  descrip 
tion  shall  have  free  liberty  to  go  to 
any  part  or  parts  of  any  of  the  thirteen 
United  States,  and  therein  to  remain 
twelve  months  unmolested  in  their  en 
deavors  to  obtain  the  restitution  of 
such  of  their  estates,  rights,  and  prop- 


166 


CLOSING  OF  THE  REVOLUTIONARY  WAR. 


.  III. 


erties,  as  may  have  been  confiscated ; 
and  that  Congress  shall  also  earnestly 
recommend  to  the  several  States  a  re 
consideration  and  revision  of  all  acts 
or  laws  regarding  the  premises,  so  as 
to  render  the  said  laws  or  acts  per 
fectly  consistent,  not  only  with  justice 
and  equity,  hut  with  that  spirit  of  con 
ciliation  which,  on  the  return  of  the 
blessings  of  peace,  should  invariably 
prevail ;  and  that  Congress  shall  also 
earnestly  recommend  to  the  several 
States,  that  the  estates,  rights,  and 
properties  of  such  last-mentioned  per 
sons,  shall  be  restored  to  them,  they 
refunding  to  any  persons  who  may  be 
now  in  possession,  the  bona  fide  price, 
(where  any  has  been  given,)  which 
such  persons  may  have  paid  on  pur 
chasing  any  of  the  said  lands,  rights, 
or  properties,  since  the  confiscation.* 
And  it  is  agreed,  that  all  persons 
who  have  any  interest  in  confiscated 
lands,  either  by  debts,  marriage  settle 
ments,  or  otherwise,  shall  meet  with 
no  lawful  impediment  in  the  prosecu 
tion  of  their  just  rights. 

AKT.  VI.  That  there  shall  be  no 
future  confiscations  made,  nor  any  pros 
ecutions  commenced  against  any  per 
son  or  persons,  for  or  by  reason  of  the 
part  which  he  or  they  may  have  taken 
in  the  present  war ;  and  that  no  per- 


*  On  the  subject  of  restitution  and  compensation 
to  the  loyalists,  and  the  difficulties  connected  with  this 
matter,  see  Mr.  Sabine's  " American  Loyalists"  pp. 
U4,  etc.  Some  four  or  five  thousand  of  these  were 
compensated  by  the  British  government,  which  dis 
tributed  about  $16,000,000  among  them,  and  pen 
sioned  a  considerable  number  of  those  who  had  taken 
up  arms  for  the  crown.  It  is  plain,  from  this,  that 
the  tories,  as  a  body,  fared  much  better  than  those 
who  served  and  suffered  in  the  cause  of  their  country. 


son  shall  on  that  account  suffer  any 
future  loss  or  damage,  either  in  his 
person,  liberty,  or  property ;  and  that 
those  who  may  be  in  confinement  on 
such  charges,  at  the  time  of  the  ratifi 
cation  of  the  treaty  in  America,  shall 
be  immediately  set  at  liberty,  and  the 
prosecutions  so  commenced  be  discon 
tinued. 

AKT.  VII.  There  shall  be  a  firm 
and  perpetual  peace  between  his  Bri 
tannic  majesty  and  the  said  United 
States,  and  between  the  subjects  of 
the  one  and  the  citizens  of  the  other ; 
wherefore  all  hostilities,  both  by  sea 
and  land,  shall  from  henceforth  cease ; 
all  prisoners,  on  both  sides,  shall  be 
set  at  liberty;  and  his  Britannic  ma 
jesty  shall,  with  all  convenient  speed, 
and  without  causing  any  destruction, 
or  carrying  away  any  negroes  or  other 
property  of  the  American  inhabitants, 
withdraw  all  his  armies,  garrisons,  and 
fleets,  from  the  said  United  States, 
and  from  every  post,  place,  and  harbor 
within  the  same,  leaving  in.  all  forti 
fications  the  American  artillery  that 
may  be  therein ;  and  shall  also  order 
and  cause  all  archives,  records,  deeds, 
and  papers-  belonging  to  any  of  the 
said  States,  or  their  citizens,  which  in 
the  course  of  the  war  may  have  fallen 
into  the  hands  of  his  officers,  to  be 
forthwith  restored,  and  delivered  to 
the  proper  States  and  persons  to  whom 
they  belong. 

AET.  VIII.  The  navigation  of  the 
River  Mississippi,  from  its  source  to  the 
Ocean,  shall  forever  remain  free  and 
open  to  the  subjects  of  Great  Britain 
and  the  citizens  of  the  United  States. 

AHT.  IX.  In  case  it  should  so  hap- 


Cii.  IX.] 


FAREWELL  ORDERS  TO  THE  ARMY. 


167 


pen,  that  any  place  or  territory,  be 
longing  to  Great  Britain  or  to  the 
United  States,  should  have  been  con 
quered  by  the  arms  of  either  from  the 
other,  before  the  arrival  of  the  said 
provisional  articles  in  America,  it  is 
agreed,  that  the  same  shall  be  restored 
without  difficulty  and  without  requir 
ing  any  compensation. 

ART.  X.  The  solemn  ratifications 
of  the  present  treaty,  expedited  in 
good  and'  due  form,  shall  be  exchanged 
between  the  contracting  parties  in 
the  space  of  six  months,  or  sooner, 
if  possible,  to  be  computed  from  the 
day  of  the  signature  of  the  present 
treaty. 

On  tho  18th  of  October,  Congress 
issued  a  proclamation  for  disbanding 
the  army.  A  small  force  only  was  re 
tained,  consisting  of  sufficient  troops  in 
the  service  of  the  United  States,  to  act 
until  the  peace  establishment  should 
be  organized.  Speaking  in 
most  exalted  terms  of  the  for 
titude,  magnanimity,  and  virtue  of  the 
army,  Congress  presented  the  thanks 
of  the  country  to  the  officers  and  sol 
diers,  for  their  long,  eminent,  and  faith 
ful  services.  From  and  after  the  3d 
of  November  following,  the  army  was 
entirely  discharged  from  service. 

On  the  day  preceding  the  discharge 
of  the  army,  the  coniriiander-iu-chief 
issued  his  farewell  orders  to  the  army. 
These  were  full  of  earnest  and  affec 
tionate  advice,  sound  manly  principles, 
and  fervent  wishes  for  the  prosperity 
of  his  brethren  in  arms.  "The  coin- 
rnander-in-chief" — these  are  his  con 
cluding  words — "conceives  little  is 
now  wanting  to  enable  the  soldier  to 


1783. 


change  the  military  character  into  that 
of  a  citizen,  but  that  steady  and  decent 
tenor  of  behavior,  which  has  generally 
distinguished  not  only  the  army  under 
his  immediate  command,  but  the  differ 
ent  detachments  and  separate  armies, 
through  the  course  of  the  war.  From 
their  good  sense  and  prudence,  he  an 
ticipates  the  happiest  consequences: 
and  while  he  congratulates  them  on 
the  glorious  occasion  which  renders 
their  services  in  the  field  no  longer 
necessary,  he  wishes  to  express  the 
strong  obligations  he  feels  himself  un 
der,  for  the  assistance  he  has  received 
from  every  class,  and  in  every  instance. 
He  presents  his  thanks,  in  the  most 
serious  and  affectionate  manner  to  the 
general  officers,  as  well  for  their  coun 
sel  on  many  interesting  occasions,  as 
for  their  ardor  in  promoting  the  suc 
cess  of  the  plans  he  had  adopted ;  to 
the  commandants  of  regiments  and 
corps,  and  to  the  officers,  for  their  zeal 
and  attention  in  carrying  his  orders 
promptly  into  execution ;  to  the  staftj 
for  their  alacrity  and  exactness,  in  per 
forming  the  duties  of  their  several  de 
partments  ;  and  to  the  non-commission 
ed  officers  and  private  soldiers,  for  their 
extraordinary  patience  in  suffering,  as 
well  as  their  invincible  fortitude  in 
action.  To  various  branches  of  the 
army,  the  general  takes  this  last  and 
solemn  opportunity  of  professing  his 
inviolable  attachment  and  friendship. 
He  wishes  more  than  bare  profession 
were  in  his  power,  that  he  was  really 
able  to  be  useful  to  them  all  in  future 
life.  He  flatters  himself,  however,  they 
will  do  him  the  justice  to  believe,  that 
whatever  could  with  propriety  be  at- 


168 


CLOSING  OF  THE  REVOLUTIONARY  WAR. 


[BK.  III. 


tempted  by  him,  has  been  done.  And 
being  now  to  conclude  these,  his  last 
public  orders,  to  take  his  ultimate 
leave,  in  a  short  time,  of  the  military 
character,  and  to  bid  a  final 
adieu  to  the  armies  he  has  so 
long  had  the  honor  to  command,  he 
can  only  again  offer,  in  their  behalf, 
his  recommendations  to  their  grateful 
country,  and  his  prayers  to  the  God  of 
armies.  May  ample  justice  be  done 
them  here,  and  may  the  choicest  of 
heaven's  favors,  both  here  and  here 
after,  attend  those,  who,  under  the  di 
vine  auspices,  have  secured  innumera 
ble  blessings  for  others !  "With  these 
wishes,  and  this  benediction,  the  com- 
inander-in-chief  is  about  to  retire  from 
service.  The  curtain  of  separation  will 
soon  be  drawn,  and  the  military  scene 
to  him  will  be  closed  forever." 

Sir  Guy  Carleton,  who  had  received 
orders  to  evacuate  New  York,  gave 
notice  in  the  summer,  of  his  intention 
of  so  doing.  Various  delays,  however, 
occurred;  principally,  in  consequence 
of  the  British  commander  feeling  bound 

o 

to  provide  for  the  removal  of  large  num 
bers  of  refugees,  who  feared  to  await 
the  return  to  power  of  their  country 
men;  and  it  was  not  till  November, 
that  arrangements  could  be  completed. 
On  the  morning  of  Tuesday,  the  25th, 
Washington,  with  the  United 
States  troops,  under  General 
Knox,  and  Governor  Clinton,  escorted 
by  a  body  of  Westchester  light-horse, 
advanced  to  the  upper  part  of  the 
city.  At  one  o'clock,  as  the  British 
retired,  the  Americans  slowly  marched 
in,  and  possession  was  taken  by  the 
civil  authority  of  the  state.  The  whole 


day  passed  off  in  admirable  order  and 
tranquillity.  The  following  Monday, 
December  1st,  the  governor  gave  an 
elegant  entertainment  to  the  French 
minister,  the  Chevalier  de  la  Luzerne 
at  which  Washington,  and  a  large  com 
pany,  were  present.  Magnificent  fire 
works  succeeded  in  the  evening  of  the 
next  day,  at  the  Bowling  Green,  in 
Broadway. 

A  further,  and  peculiarly  severe, 
trial  yet  awaited  Washington.  He 
was  now  to  bid  adieu  to  his  beloved 
companions  in  arms,  with  whom  he  had 
served  throughout  a  long  and  arduous 
war,  and  to  whom  he  was  most  sin 
cerely  and  warmly  attached.  This 
last  affecting  interview  took  place  on 
the  4th  of  December.  "  At  noon," 
says  Marshall,  following  Gordon,  "  the 
principal  officers  of  the  army  assembled 
at  Frances's  tavern,  soon  after  which 
their-  beloved  commander  entered  the 
room.  His  emotions  were  too 
strong  to  be  concealed.  Fill 
ing  a  glass,  he  turned  to  them,  and 
said,  '  With  a  heart  full  of  love  and 
gratitude,  I  now  take  leave  of  you.  I 
most  devoutly  wish,  that  your  latter 
days  may  be  as  prosperous  and  happy, 
as  your  former  ones  have  been  glori 
ous  and  honorable.'  Having  drunk, 
he  added,  '  I  cannot  come  to  each  of 
you  to  take  'my  leave,  but  shall  be 
obliged,  if  each  of  you  will  come 
and  take  me  by  the  hand.'  General 
Knox,  being  nearest,  turned  to  him. 
Washington,  incapable  of  utterance, 
grasped  his  hand,  and  embraced  him. 
In  the  same  affectionate  manner,  he 
took  leave  of  every  succeeding  officer. 
The  tear  of  manly  sensibility  was  in 


1783. 


CH.  IX.] 


WASHINGTON   RESIGNS  HIS   COMMISSION. 


169 


every  eye  ;  and  not  a  word  was  articu 
lated,  to  interrupt  the  dignified  silence, 
and  the  tenderness  of  the  scene.  Leav 
ing  the  room,  he  passed  through  the 
corps  of  light  infantry,  and  walked  to 
Whitehall,  where  a  barge  waited  to 
convey  him  to  Paulus  Hook.  The 
whole  company  followed  in  mute  and 
solemn  procession,  with  dejected  coun 
tenances,  testifying  feelings  of  delicious 
melancholy,  which  no  language  can  de 
scribe.  Having  entered  the  barge,  he 
turned  to  the  company,  and  waving  his 
hat,  bid  them  a  silent  adieu.  They 
paid  him  the  same  affectionate  compli 
ment;  and  after  the  barge  had  left 
them,  returned  in  the  same  solemn 
manner  to  the  place  where  they  had 
assembled."* 

Congress,  who  had  been  in  session 
at  Princeton,  since  the  end  of  June, 
adjourned,  in  November,  to  Annapolis, 
to  which  latter  place,  Washington  now 
proceeded,  in  order  to  put  a  close  to 
his  public  career.  Everywhere  was 
he  greeted  with  the  most  earnest  ex 
pressions  of  gratitude  and  affection, 
and  public  addresses  were  presented 
to  him  by  the  legislatures,  towns,  so 
cieties,  and  the  like.  Depositing  at 
Philadelphia,  with  the  comptroller,  an 
exact  account  of  his  expenses  during 
the  war,  all  written  out  with  his  own 
hand,  Washington  arrived  at  Annap 
olis,  on  tho  19th  of  December, 
and  signified  to  Congress,  that 
he  was  prepared  to  resign  his  com 
mission  into  their  hands.  In  order  to 


*  Marshall's  "Life  of  Washington?  vol.  ii.,  p.  57: 
Gordon's  "  History  of  the  American  Revolution,"  vol. 
iii.,  p.  877. 


1783. 


give  all  honor  to  so  august  an  occa 
sion,  it  was  determined  that  the  resig 
nation  should  be  received  at  a  public 
session,  and  in  the  presence  of  Wash 
ington's  fellow-citizens. 

Accordingly,  on  the  23d,  the  illus 
trious  patriot  appeared  before  Con 
gress,  for  this  purpose.  A  vast  con 
course  of  spectators  attended,  and  the 
gallery,  and  a  part  of  the  floor,  were 
graced  by  the  fair  forms  of  the  mothers 
and  daughters  of  America.  Numerous 
public  functionaries  of  the  state  of 
Maryland,  and  the  consul-general  of 
France,  were  also  present.  Congress 
were  seated  and  covered,  as  repre 
sentatives  of  the  sovereignty  of  the 
Union  ;  the  spectators  were  uncovered 
and  standing.  Washington  was  intro- 

O  O 

duced  to  a  chair  by  the  secretary,  who, 
after  a  decent  interval,  ordered  silence. 
A  short  pause  ensued,  when  he  was  in 
formed,  that  "the  United  States  in 
Congress  assembled,  were  prepared  to 
receive  his  communications."  Wash 
ington  thereupon  rose,  with  great  dig 
nity,  and  delivered  an  impressive  ad 
dress,  a  copy  of  which,  together  with 
his  commission,  he  handed  to  the  presi 
dent  of  Congress,  and  remained  stand 
ing  in  his  place,  awaiting  a  reply.* 

General  Mifflin  had  recently  been 
elected  president  of  Congress,  and  it 
was  peculiarly  apposite,  that  the  pres 
ent  duty  should  have  devolved  upon 
him.  Not  less  affected  than  was  the 
whole  assemblage,  MifHin  replied,  in 
terms  of  reverential  courtesy  and  ear 
nest  regard ;  and  GEORGE  WASIIINGTOX, 

*  See  Appendix  V.,  at  the  end  of  the  present 
chapter. 


170 


APPENDIX  TO   CHAPTER  IX. 


[BK.  Ill 


now  on  an  equality,  as  to  official  po 
sition,  with  the  humblest  of  his  fellow- 
citizens,  retired  from  the  Hall  of  Con 
gress,  covered  with  imperishable  re 
nown.  The  next  day,  he  reached  the 
coveted  retirement  of  Mount  Vernon, 
from  which  he  had  been  absent  nearly 
nine  years. 

With  this  scene,  unequalled  for  sub 
limity  in  the  annals  of  the  world,  we 


may  properly  close  this  Third  Book  of 
our  history.  We  shall  add  only  a 
single  sentence  from  Washington's  ad 
dress  :  "  I  consider  it  as  an  indispen 
sable  duty,  to  close  this  last  act  of  my 
official  life,  by  commending  the  in 
terests  of  our  dearest  country,  to  the 
protection  of  Almighty  God,  and  those 
who  have  the  superintendence  of  them, 
to  His  holy  keeping." 


L  EXTRACT  FROM  WATSON'S  "  MEN  AND  TIMES 
OF  THE  REVOLUTION." 

AT  an  early  hour  on  the  5th  of  December, 
1782,  in  conformity  with  previous  arrangements, 
I  was  conducted  by  the  Earl  of  Ferrers  to  the 
very  entrance  of  the  House  of  Lords.  At  the 
door  he  whispered,  "  Get  as  near  the  throne  as 
you  can :  fear  nothing."  I  did  so,  and  found 
myself  exactly  in  front  of  it,  elbow  to  elbow  with 
the  celebrated  Admiral  Lord  Howe.  The  Lords 
were  promiscuously  standing  as  I  entered.  It 
was  a  dark  and  foggy  day ;  and  the  windows  be 
ing  elevated,  and  constructed  in  the  antiquated 
style,  with  leaden  bars  to  contain  the  diamond- 
cut  panes  of  glass,  increased  the  gloom.  The 
walls  were  hung  with  dark  tapestry,  representing 
the  defeat  of  the  Spanish  Armada.  •  I  had  the 
pleasure  of  recognizing  in  the  crowd  of  spectators, 
Copley,  and  West  the  painter,  with  some  Amer 
ican  ladies.  I  saw  also  some  dejected  American 
royalists  in  the  group. 

After  waiting  nearly  two  hours,  the  approach 
of  the  King  was  announced  by  a  tremendous  roar 
of  artillery.  He  entered  by  a  small  door  on  the 
left  of  the  throne,  and  immediately  seated  himself 
upon  the  chair  of  state,  in  a  graceful  attitude, 
with  his  right  foot  resting  upon  a  stool.  He  was 
clothed  in  royal  robes.  Apparently  agitated,  he 
drew  from  his  pocket  the  scroll  containing  his 
speech.  The  Commons  were  summoned ;  and, 


after  the  bustle  of  their  entrance  had  subsided,  he 
proceeded  to  read  his  speech.  I  was  near  the 
King,  and  watched,  with  intense  interest,  every 
tone  of  his  voice,  and  expression  of  his  counten 
ance.  It  was  to  me  a  moment  of  thrilling  and 
dignified  exultation.  After  some  general  and 
usual  remarks,  he  continued  : — 

"  I  lost  no  time,  in  giving  the  necessary  orders 
to  prohibit  the  further  prosecution  of  offensive 
war  upon  the  continent  of  North  America. 
Adopting,  as  my  inclination  will  always  lead  me 
to  do,  with  decision  and  effect,  whatever  I  collect 
to  be  the  sense  of  my  Parliament  and  my  peo 
ple,  I  have  pointed  all  my  views  and  measures,  in 
Europe,  as  in  North  America,  to  an  entire  and 
cordial  reconciliation  with  the  colonies.  Findinc 

o 

it  indispensable  to  the  attainment  of  this  object,  I 
did  not  hesitate  to  go  to  the  full  length  of  the 
powers  vested  in  me,  and  offer  to  declare 

them," Here  he  paused,  and  was  in  evident 

agitation ;  either  embarrassed  in  reading  his  speech, 
by  the  darkness  of  the  room,  or  affected  by  a  very 
natural  emotion.  In  a  moment  he  resinned : — 
"and  offer  to  declare  them  free  and  independent 
States.  In  thus  admitting  their  separation  from 
the  crown  of  these  kingdoms,  I  have  sacrificed 
every  consideration  of  my  own,  to  the  wishes  and 
opinions  of  my  people.  I  make  it  my  humble 
and  ardent  prayer  to  Almighty  God,  that  Great 
Britain  may  not  feel  the  evils  which  might  result 


CH.  1X.J 


THE  NEWBURG  ADDRESSES. 


171 


from  so  great  a  dismemberment  of  the  Empire, 
and  that  America  may  be  free  from  the  calamities 
which  have  formerly  proved,  in  the  mother  coun 
try,  how  essential  monarchy  is  to  the  enjoyment 
of  constitutional  liberty.  Religion,  language,  in 
terests,  and  affection,  may,  and  I  hope  will,  yet 
prove  a  bond  of  permanent  union  between  the 
two  countries." 

It  is  remarked,  that  George  III.  is  celebrated 
for  reading  his  speeches,  in  a  distinct,  free,  and 
impressive  manner.  On  this  occasion,  he  was 
evidently  embarrassed ;  he  hesitated,  cholced,  and 
executed  the  painful  duties  of  the  occasion,  with 
an  ill  grace  that  does  not  belong  to  him.  I  can 
not  adequately  portray  my  sensations,  in  the  pro 
gress  of  this  address ;  every  artery  beat  high,  and 
swelled  with  my  proud  American  blood.  It  was 
impossible  not  to  revert  to  the  opposite  shores  of 
the  Atlantic,  and  to  review,  in  my  mind's  eye,  the 
misery  and  woe  I  had  myself  witnessed,  in  sever 
al  stages  of  the  contest,  and  the  wide-spread  des 
olation  resulting  from  the  stubbornness  of  this  very 
King,  now  so  prostrate,  but  who  had  turned  a 
deaf  car  to  our  humble  and  importunate  petitions 
for  relief.  Yet,  I  believe  that  George  III.  acted 
under  what  he  felt  to  be  the  high  and  solemn 
claims  of  constitutional  duty. 

The  great  drama  was  now  closed.  The  battle 
of  Lexington  exhibited  its  first  scene.  The  Dec 
laration  of  Independence  was  a  lofty  and  glorious 
event  in  its.  progress ;  and  the  ratification  of  our 
Independence  by  the  King,  consummated  the 
spectacle  in  triumph  and  exultation.  This  suc 
cessful  issue  of  the  American  Revolution,  will,  in 
all  probability,  influence  eventually  the  destinies 
of  the  whole  human  race.  Such  had  been  the  sen 
timent  and  language  of  men  of  the  profoundest 
sagacity  and  prescience,  during  and  anterior  to 
the  conflict,  in  all  appeals  to  the  people.  In  leav 
ing  the  house,  I  jostled  Copley  and  West,  who  I 
thought  were  enjoying  the  rich  political  repast 
of  the  day,  and  noticing  the  anguish  and  despair 
depicted  on  the  long  visages  of  our  American 
Tories. 


II.   THE  NEWBURG  ADDRESSES. 
TO    THE    OFFICERS    OF    THE    ARMY. 

GENTLEMEN  :  A  fellow-soldier,  whose  interest 
and  affections  bind  him  strongly  to  you — whose 


past  sufferings  have  been  as  great,  and  whose 
future  fortune  may  be  as  desperate,  as  yours — 
would  beg  leave  to  address  you. 

Age  has  its  claims,  and  rank  is  not  without  its 
pretensions  to  advise;  but,  though  unsupported 
by  both,  he  flatters  himself  that  the  plain  lan 
guage  of  sincerity  and  experience  will  neither  be 
unheard  nor  unregarded. 

Like  many  of  you  he  loved  private  life,  and 
left  it  with  regret.  He  left  it,  determined  to  re 
tire  from  the  field,  with  the  necessity  that  called 
him  to  it,  and  not  till  then — not  till  the  enemies 
of  his  country,  the  slaves  of  power,  and  the  hire 
lings  of  injustice,  were  compelled  to  abandon 
their  schemes,  and  acknowledge  America  as  ter 
rible  in  arms  as  she  had  been  humble  in  remon 
strance.  With  this  object  in  view,  he  has  long 
shared  in  your  toils  and  mingled  in  your  dangers. 
He  has  felt  the  cold  hand  of  poverty  without  a 
murmur,  and  has  seen  the  insolence  of  wealth 
without  a  sigh.  But  too  much  under  the  direc 
tion  of  his  wishes,  and  sometimes  weak  enough 
to  mistake  desire  for  opinion,  he  has  till  lately — 
very  lately — believed  in  the  justice  of  his  country. 
He  hoped  that,  as  the  clouds  of  adversity  scat 
tered,  and  as  the  sunshine  of  peace  and  better 
fortune  broke  in  on  us,  the  coldness  and  severity 
of  government  would  relax,  and  that  more  than 
justice,  that  gratitude,  would  blaze  forth  on  those 
hands  which  had  upheld  her,  in  the  darkest  stages 
of  her  passage  from  impending  servitude  to  ac 
knowledged  independence.  But  faith  has  its 
limits,  as  well  as  temper,  and  there  are  points 
beyond  which  neither  can  be  stretched,  without 
sinking  into  cowardice  or  plunging  into  credulity. 
This,  my  friends,  I  conceive  to  be  your  situation : 
hurried  to  the  very  edge  of  both,  another  step 
would  ruin  you  forever.  To  bo  tame  and  un 
provoked  when  injuries  press  hard  on  you,  is 
more  than  weakness ;  but  to  look  up  for  kinder 
usage,  without  one  manly  effort  of  your  own, 
would  fix  your  character,  and  show  the  world  how 
richly  you  deserve  those  chains  you  broke.  To 
guard  against  this  evil,  let  us  take  a  review  of 
the  ground  on  which  we  now  stand,  and  thence 
carry  our  thoughts  forward  for  a  moment,  into 
the  unexplored  field  of  experiment. 

After  a  pursuit  of  seven  long  years,  the  object 
for  which  we  set  out  is  at  length  brought  within 
our  reach — yes,  my  friends,  that  suffering  courage 


172 


APPENDIX  TO   CHAPTER  IX. 


[BK.  III. 


of  yours  was  active  once :  it  has  conducted  the 
United  States  of  America  through  a  doubtful  and 
bloody  war.  It  has  placed  her  in  the  chair  of 
independency,  and  peace  returns  again  to  bless 
— whom?  A  country  willing  to  redress  your 
wrongs,  cherish  your  worth,  and  reward  your 
services'?  A  country  courting  your  return  to 
private  life,  with  tears  of  gratitude  and  smiles  of 
admiration,  longing  to  divide  with  you  that  inde 
pendency  which  your  gallantry  has  given,  and 
those  riches  which  your  wounds  have  preserved? 
Is  this  tKe  case?  or  is  it  rather  a  country  that 
tramples  on  your  rights,  disdains  your  cries,  and 
insults  your  distresses  ?  Have  you  not  more 
than  once  suggested  your  wishes,  and  made 
known  your  wants  to  Congress? — wants  and 
wishes  which  gratitude  and  policy  should  have 
anticipated  rather  than  evaded  ;  and  have  you  not 
lately,  in  the  meek  language  of  entreating  memo 
rials,  begged  from  their  justice  what  you  could  no 
longer  expect  from  their  favor  ?  How  have  you 
been  answered?  Let  the  letter  which  you  are 
called  to  consider  to-morrow  reply. 

If  this,  then,  be  your  treatment,  while  the 
swords  you  wear  are  necessary  for  the  defence  of 
America,  what  have  you  to  expect  from  peace, 
when  your  voice  shall  sink,  and  your  strength 
d-issipate  by  division  ? — when  those  very  swords, 
the  instruments  and  companions  of  your  glory, 
shall  be  taken  from  your  sides,  and  no  remaining 
mark  of  military  distinction  be  left  but  your 
wants,  infirmities,  and  scars  ?  Can  you,  then,  con 
sent  to  be  the  only  sufferers  by  this  Revolution, 
and,  retiring  from  the  field,  grow  old  in  poverty, 
wretchedness,  and  contempt?  Can  you  consent 
to  wade  through  the  vile  mire  of  dependency, 
and  owe  the  miserable  remnant  of  that  life  to 
charity  which  has  hitherto  been  spent  in  honor  ? 
If  you  can,  go — and  carry  with  you  the  jest  of 
tories  and  the  scorn  of  whigs ;  the  ridicule,  and, 
what  is  worse,  the  pity  of  the  world.  Go — 
starve,  and  be  forgotten!  But  if  your  spirit 
should  revolt  at  this ;  if  you  have  sense  enough 
to  discover,  and  spirit  enough  to  oppose  tyranny 
under  whatever  garb  it  may  assume ;  whether  it 
be  the  plain  coat  of  republicanism,  or  the  splendid 
robe  of  royalty ;  if  you  have  not  yet  learned  to 
discriminate  between  a  people  and  a  cause, 


between  men  and  principles — awake;  attend  to 
your  situation,  and  redress  yourselves.  If  the 
present  moment  be  lost,  every  future  effort  is  in 
vain ;  and  your  threats  then,  will  be  as  empty  as 
your  entreaties  now. 

I  would  advise  you,  therefore,  to  come  to  some 
final  opinion  on  what  you  can  bear,  and  what  you 
will  suffer.  If  your  determination  be  in  any  pro 
portion  to  your  wrongs,  carry  your  appeal  from 
the  justice,  to  the  fears  of  government.  Change 
the  milk-and-water  style  of  your  last  memorial ; 
assume  a  bolder  tone — decent,  but  lively,  spirited 
and  determined,  and  suspect  the  man  who  would 
advise  to  more  moderation  and  longer  forbear 
ance.  Let  two  or  three  men  who  can  feel  as  well 
as  write,  be  appointed  to  draw  up  your  last  re 
monstrance ;  for  I  would  no  longer  give  it  the 
suing,  soft,  unsuccessful  epithet  of  memorial. 
Let  it  be  represented  in  language  that  will  neither 
dishonor  you  by  its  rudeness,  nor  betray  you  by 
its  fears,  what  has  been  promised  by  Congress, 
and  what  has  been  performed — how  long  and 
how  patiently  you  have  suffered — how  little  you 
have  asked,  and  how  much  of  that  little  has  been 
denied.  Tell  them  that,  though  you  were  the 
first,  and  would  wish  to  be  the  last  to  encounter 
danger,  though  despair  itself  can  never  drive  you 
into  dishonor,  it  may  drive  you  from  the  field ; 
the  wound  often  irritated,  and  never  healed,  may 
at  length  become  incurable ;  and  that  the  slight 
est  mark  of  indignity  from  Congress  now  must 
operate  like  the  grave,  and  part  you  forever; 
that  in  any  political  event,  the  army  has  its  alter 
native.  If  peace,  that  nothing  shall  separate  you 
from  your  arms  but  death ;  if  war,  that,  courting 
the  auspices  and  inviting  the  directions  of  your 
illustrious  leader,  you  will  retire  to  some  unset 
tled  country,  smile  in  your  turn,  and  "  mock  when 
their  fear  cometh."  But  let  it  represent,  also, 
that  should  they  comply  with  the  request  of  your 
late  memorial,  it  would  make  you  more  happy, 
and  them  more  respectable ;  that  while  war 
should  continue,  you  would  follow  their  standard 
into  the  field,  and  when  it  came  to  an  end,  you 
would  withdraw  into  the  shade  of  private  life, 
and  give  the  world  another  subject  of  wonder  and 
applause ;  an  army  victorious  over  its  enemies 
— victorious  over  itself. 


CH.  IX.] 


WASHINGTON'S  ADDRESS  TO  THE  OFFICERS. 


173 


III.  WASHINGTON'S  ADDRESS  TO  THE  OFFICERS 
OF  THE  ARMY. 

GENTLEMEN  :  By  an  anonymous  summons,  an 
attempt  has  been  made  to  convene  you  together. 
IIo\v  inconsistent  with  the  rules  of  propriety,  how 
unmilitary,  and  how  subversive  of  all  order  and 
discipline,  let  the  good  sense  of  the  army  decide. 
"  In  the  moment  of  this  summons,  another  anon 
ymous  production  was  sent  into  circulation,  ad 
dressed  more  to  the  feelings  and  passions  than  to 
the  judgment  of  the  army.  The  author  of  the 
piece  is  entitled  to  much  credit  for  the  goodness 
of  his  pen;  and  I  could  wish  he  had  as  much 
credit  for  the  rectitude  of  his  heart ;  for,  as  men 
see  through  different  optics,  and  are  induced  by 
the  reflecting  faculties  of  the  mind  to  use  different 
means  to  attain  the  same  end,  the  author  of  the 
address  should  have  had  more  charity  than  to 
"  mark  for  suspicion  the  man  who  should  recom 
mend  moderation  and  longer  forbearance ;"  or,  in 
other  words,  who  should  not  think  as  he  thinks, 
and  act  as  he  advises.  But  he  had  another  plan 
in  view,  in  which  candor  and  liberality  of  senti 
ment,  regard  to  justice  and  love  of  country,  have 
no  part ;  and  he  was  right  to  insinuate  the  dark 
est  suspicion  to  effect  the  blackest  design.  That 
the  address  was  drawn  with  great  art,  and  is  de 
signed  to  answer  the  most  insidious  purposes; 
that  it  is  calculated  to  impress  the  mind  with  an 
idea  of  premeditated  injustice  in  the  sovereign 
power  of  the  United  States,  and  rouse  all  those 
resentments  which  must  unavoidably  flow  from 
such  a  belief;  that  the  secret  mover  of  this 
scheme,  whoever  ho  may  be,  intended  to  take  ad 
vantage  of  the  passions,  while  they  were  warmed 
by  the  recollection  of  past  distresses,  without 
giving  time  for  cool,  deliberative  thinking,  and 
that  composure  of  mind  which  is  so  necessary  to 
give  dignity  and  stability  to  measures,  is  rendered 
too  obvious,  by  the  mode  of  conducting  the  busi 
ness,  to  need  other  proof  than  a  reference  to  the 
proceedings. 

Thus  much,  gentlemen,  I  have  thought  it  in 
cumbent  on  me  to  observe  to  you,  to  show  on 
what  principles  I  opposed  the  irregular  and  hasty 
meeting  which  was  proposed  to  have  been  held 
on  Tuesday  last,  and  not  because  I  wanted  a  dis 
position  to  give  you  every  opportunity,  consis 
tently  with  your  own  honor  and  the  dignity  of 
the  army,  to  make  known  your  grievances.  If 
VOL.  11—22 


my  conduct  heretofore  has  not  evinced  to  you 
that  I  have  been  a  faithful  friend  to  the  army,  my 
declaration  of  it  at  this  time  would  be  equally 
unavailing  and  improper.  But  as  I  was  among 
the  first  who  embarked  in  the  cause  of  our  com 
mon  country ;  as  I  have  never  left  your  side  one 
moment,  but  when  called  from  you  on  public 
duty  ;  as  I  have  been  the  constant  companion  and 
witness  of  your  distresses,  and  not  among  the 
last  to  feel  and  acknowledge  your  merits ;  as  I 
have  ever  considered  my  own  military  reputation 
as  inseparably  connected  with  that  of  the  army ; 
as  my  heart  has  ever  expanded  with  joy  when  I 
have  heard  its  praises,  and  my  indignation  has 
arisen  when  the  mouth  of  detraction  has  been 
opened  against  it ;  it  can  scarcely  be  supposed  at 
this  last  stage  of  the  war  that  I  am  indifferent  to 
its  interests.  But  how  are  they  to  be  promoted  ? 
The  way  is  plain,  says  the  anonymous  addresser : 
"  If  war  continues,  remove  into  the  unsettled 
country ;  there  establish  yourselves,  and  leave  an 
ungrateful  country  to  defend  itself!"  But  who 
are  they  to  defend  ? — our  wives,  our  children,  our 
farms  and  other  property  which  we  leave  behind 
us  ?  or  in  this  state  of  hostile  separation,  are  we 
to  take  the  two  first — the  latter  cannot  be  re 
moved — to  perish  in  a  wilderness,  with  hunger, 
cold  and  nakedness  ? 

"  If  peace  takes  place,  never  sheath  your  swords," 
says  he,  "  till  you  have  obtained  full  and  ample  jus 
tice."  This  dreadful  alternative  of  either  deserting 
our  country  in  the  extremest  hour  of  her  distress, 
or  turning  our  arms  against  it,  which  is  the  appa 
rent  object,  unless  Congress  can  be  compelled  into 
instant  compliance,  has  something  so  shocking  in  it, 
that  humanity  revolts  at  the  idea.  My  God !  what 
can  this  writer  have  in  view,  by  recommending  such 
measures  1  Can  he  be  a  friend  to  the  army  ?  Can 
he  be  a  friend  to  this  country  ?  Rather,  is  he  not 
an  insidious  foe — some  emissary,  perhaps,  from 
New  York — plotting  the  ruin  of  both,  by  sowing 
the  seeds  of  discord  and  separation  between  the 
civil  and  military  powers  of  the  continent  ?  And 
what  a  compliment  does  he  pay  our  understand 
ings,  when  he  recommends  measures,  in  either 
alternative,  impracticable  in  their  nature?  But 
here,  gentlemen,  I  will  drop  the  curtain,  because 
it  would  be  as  imprudent  in  me  to  assign  my 
reasons  for  this  opinion,  as  it  would  be  insulting 
to  your  conception  to  suppose  you  stood  in  need 


174 


APPENDIX  TO   CHAPTER  IX. 


[BK.  III. 


of  them.  A  moment's  reflection  will  convince 
every  dispassionate  mind  of  the  physical  impos 
sibility  of  carrying  either  proposal  into  execution. 
There  might,  gentlemen,  be  an  impropriety  in  my 
taking  notice,  in  this  address  to  you,  of  an  anony 
mous  production ;  but  the  manner  in  which  this 
performance  has  been  introduced  to  the  army ; 
the  effect  it  was  intended  to  have,  together  with 
some  other  circumstances,  will  amply  justify  my 
observations  on  the  tendency  of  this  writing. 

With  respect  to  the  advice  given  by  the  author, 
to  suspect  the  man  who  shall  recommend  moder 
ate  measures  and  longer  forbearance,  I  spurn  it, 
as  every  man  who  regards  that  liberty  and  reveres 
that  justice  for  which  we  contend,  undoubtedly 
must ;  for  if  men  are  to  be  precluded  from  offer 
ing  their  sentiments  on  a  matter  which  may  in 
volve  the  most  serious  and  alarming  consequences 
that  can  invite  the  consideration  of  mankind,  rea 
son  is  of  no  use  to  us.  The  freedom  of  speech 
may  be  taken  away,  and,  dumb  and  silent,  we 
may  be  led,  like  sheep  to  the  slaughter.  I  can 
not  in  justice  to  my  own  belief,  and  what  I  have 
great  reason  to  conceive  is  the  intention  of  Con 
gress,  conclude  this  address  without  giving  it  as 
my  decided  opinion,  that  that  honorable  body 
entertain  exalted  sentiments  of  the  services  of  the 
army,  and,  from  a  full  conviction  of  its  merits 
and  sufferings,  will  do  it  complete  justice.  That 
their  endeavors  to  discover  and  establish  funds 
for  this  purpose  have  been  unwearied,  and  will  not 
cease  till  they  have  succeeded,  I  have  not  a  doubt. 

But,  like  all  other  large  bodies,  where  there  is 
a  variety  of  different  interests  to  reconcile,  their 
determinations  are  slow.  Why  then  should  we 
distrust  them?  and  in  consequence  of  this  dis 
trust,  adopt  measures  which  may  cast  a  shade 
over  that  glory  which  has  been  so  justly  acquired, 
and  tarnish  the  reputation  of  an  army  which  is 
celebrated  through  all  Europe  for  its  fortitude 
and  patriotism  1  And  for  what  is  this  done  ? — to 
bring  the  object  we  seek  nearer?  No;  most 
certainly,  in  my  opinion,  it  will  cast  it  at  a  greater 
distance.  For  myself,  (and  I  take  no  merit  in 
giving  the  assurance,  being  induced  to  it  from 
principles  of  gratitude,  veracity,  and  justice,  and 
a  grateful  sense  of  the  confidence  you  have  ever 
placed  in  me,)  a  recollection  of  the  cheerful  assis 
tance  and  prompt  obedience  I  have  experienced 
from  you,  under  every  vicissitude  of  fortune,  ani 


the  sincere  affection  I  feel  for  an  army  I  have  so 
long  had  the  honor  to  command,  will  oblige  me 
to  declare,  in  this  public  and  solemn  manner, 
that  in  the  attainment  of  complete  justice  for  all 
your  trials  and  dangers,  and  in  the  gratification  of 
every  wish,  so  far  as  may  be  done  consistently 
with  the  great  duty  I  owe  my  country,  and  those 
powers  we  are  bound  to  respect,  you  may  freely 
command  my  services  to  the  utmost  extent  of 
my  abilities. 

While  I  give  you  these  assurances,  and  pledge 
myself,  in  the  most  unequivocal  manner,  to  exert 
whatever  abilities  I  am  possessed  of  in  your  favor, 
let  me  entreat  you,  gentlemen,  on  your  part,  not 
to  take  any  measures  which,  viewed  in  the  calm 
light  of  reason,  will  lessen  the  dignity  and  sully 
the  glory  you  have  hitherto  maintained.  Let  me 
request  you  to  rely  on  the  plighted  faith  of  your 
country,  and  place  a  full  confidence  in  the  purity 
of  the  intentions  of  Congress ;  that,  previous  to 
your  dissolution  as  an  army,  they  will  cause  all 
your  accounts  to  be  fairly  liquidated,  as  directed 
in  the  resolutions  which  were  published  to  you 
two  days  ago ;  and  that  they  ^vill  adopt  the  most 
effectual  measures  in  their  power  to  render  ample 
justice  to  you  for  your  faithful  and  meritorioug 
services.  And  let  me  conjure  you,  in  the  name 
of  our  common  country,  as  you  value  your  own 
sacred  honor ;  as  you  respect  the  rights  of  human 
ity  ;  and  as  you  regard  the  military  and  national 
character  of  America;  to  express  your  utmost 
horror  and  detestation  of  the  man  who  wishes, 
under  any  specious  pretences,  to  overturn  the 
liberties  of  our  country ;  and  who  wickedly  at 
tempts  to  open  the  flood-gates  of  civil  discord, 
and  deluge  our  rising  empire  in  blood. 

By  thus  determining,  and  thus  acting,  you  will 
pursue  the  plain  and  direct  road  to  the  attainment 
of  your  wishes ;  you  will  defeat  the  insidious 
designs  of  our  enemies,  who  are  compelled  to  re 
sort  from  open  force  to  secret  artifice.  You  wiU 
give  one  more  distinguished  proof  of  unexampled 
patriotism  and  patient  virtue,  rising  superior  to 
the  pressure  of  the  most  complicated  sufferings ; 
and  you  will,  by  the  dignity  of  your  conduct, 
afford  occasion  for  posterity  to  say,  when  speak 
ing  of  the  glorious  example  you  have  exhibited 
to  mankind,  "  Had  this  day  been  wanting,  the 
world  had  never  seen  the  last  stage  of  perfection 
to  which  human  nature  is  capable  of  attaining. '" 


CH.  IX.] 


WASHINGTON'S   CIRCULAR  LETTER. 


175 


IV.    A  CIRCULAR  LETTER 

From  his  Excellency  George  Washington,  Com 
mander-in-chief  of  the  Armies  of  the  United 
States  of  America,  to  the  Governors  of  the  sev 
eral  States. 

HEAD-QUARTERS,  NEWBURG,  June  8,  1783. 
SIR  :  The  great  object  for  which  I  had  the 
honor  to  hold  an  appointment  in  the  service  of 
my  country  being  accomplished,  I  am  now  pre 
paring  to  resign  it  into  the  hands  of  Congress, 
and  return  to  that  domestic  retirement,  which  it 
is  well  known  I  left  with  the  greatest  reluctance ; 
a  retirement  for  which  I  never  ceased  to  si<di 

O 

.through  a  long  and  painful  absence,  in  which  (re 
mote  from  the  noise  and  trouble  of  the  world)  I 
meditate  to  pass  the  remainder  of  life,  in  a  state 
of  undisturbed  repose :  but  before  I  carry  this 
resolution  into  effect,  I  think  it  a  duty  incumbent 
on  me  to  make  this  my  last  official  communica 
tion,  to  congratulate  you  on  the  glorious  events 
which  heaven  has  been  pleased  to  produce  in  our 
favor,  to  offer  my  sentiments  respecting  some 
important  subjects,  which  appear  to  me  to  be  in 
timately  connected  with  the  tranquillity  of  the 
United  States,  to  take  my  leave  of  your  Excel 
lency  as  a  public  character,  and  to  give  my  final 
blessing  to  that  country  in  whose  service  I  have 
spent  the  prime  of  my  life ;  for  whose  sake  I  have 
consumed  so  many  anxious  days  and  watchful 
nights,  and  whose  happiness,  being  extremely 
dear  to  me,  will  always  constitute  no  inconsider 
able  part  of  my  own. 

Impressed  with  the  liveliest  sensibility  on  this 
pleasing  occasion,  I  will  claim  the  indulgence  of 
dilating  the  more  copiously  on  the  subject  of  our 
mutual  felicitation.  When  we  consider  the  mag 
nitude  of  the  prize  we  contended  for,  the  doubt- 
ful  nature  of  the  contest,  and  the  favorable  man 
ner  in  which  it  has  terminated ;  we  shall  find  the 
greatest  possible  reason  for  gratitude  and  rejoic 
ing;  this  is  a  theme  that  will  afford  infinite 
delight  to  every  benevolent  and  liberal  mind, 
whether  the  event  in  contemplation  be  considered 
as  a  source  of  present  enjoyment,  or  the  parent 
of  future  happiness ;  and  we  shall  have  equal  oc 
casion  to  felicitate  ourselves  on  the  lot  which 
Providence  has  assigned  us,  whether  we  view  it 
in  a  natural,  a  political,  or  moral  point  of  view. 

The  citizens  of  America,  placed  in  the  most  en 
viable  condition,  as  the  sole  lords  and  proprietors 


of  a  vast  tract  of  continent,  comprehending  all 
the  various  soils  and  climates  of  the  world,  and 
abounding  with  all  the  necessaries  and  conveni 
ences  of  life,  are  now  by  the  late  satisfactory 
pacification,  acknowledged  to  be  possessed  of  ab 
solute  freedom  and  independency  ;  they  are  from 
this  period  to  be  considered  as  the  actors  on  a 
most  conspicuous  theatre,  which  seems  to  be  pe 
culiarly  designed  by  Providence  for  the  display 
of  human  greatness  and  felicity :  here  they  are 
not  only  surrounded  with  every  thing  that  can  con 
tribute  to  the  completion  of  private  and  domes 
tic  enjoyment,  but  Heaven  has  crowned  all  its 
other  blessings  by  giving  a  surer  opportunity  for 
political  happiness  than  any  other  nation  has  ever 
been  favored  with.  Nothing  can  illustrate  these 
observations  more  forcibly  than  the  recollection 
of  the  happy  conjuncture  of  these  times  and  cir 
cumstances  under  which  our  Republic  assumed 
its  rank  among  the  nations.  The  foundation  of 
our  empire  has  not  been  laid  in  a  gloomy  age  of 
ignorance  and  superstition,  but  at  an  epocha 
when  the  rights  of  mankind  were  better  under 
stood  and  more  clearly  defined,  than  at  any 
former  period :  researches  of  the  human  mind 
after  social  happiness  have  been  carried  to  a  great 
extent :  the  treasures  of  knowledge  acquired  by 
the  labors  of  philosophers,  sages,  and  legislators, 
through  a  long  succession  of  years,  are  laid  open 
for  use,  and  their  collected  wisdom  may  be  hap 
pily  applied  in  the  establishment  of  our  forms  of 
government :  the  free  cultivation  of  letters,  the 
unbounded  extension  of  commerce,  the  progressive 
refinement  of  manners,  the  growing  liberality  of 
sentiment,  and  above  all,  the  pure  and  benign 
light  of  Revelation,  have  had  a  meliorating  influ 
ence  on  mankind,  and  increased  the  blessings  of 
society.  At  this  auspicious  period  the  United 
States  came  into  existence  as  a  nation,  and  if 
their  citizens  should  not  be  completely  free  and 
happy,  the  fault  will  be  entirely  their  own. 

Such  is  our  situation,  and  such  are  our  pros 
pects;  but  notwithstanding  the  cup  of  blessing  is 
thus  reached  out  to  us ;  notwithstanding  happiness 
is  ours,  if  we  have  a  disposition  to  seize  the  oc 
casion,  and  make  it  our  own ;  yet  it  appears  to 
me,  there  is  an  option  still  left  to  the  United 
States  of  America,  whether  they  will  be  respect 
able  and  prosperous,  or  contemptible  and  miser 
able  as  a  nation.  This  is  the  time  of  their  po- 


170 


APPENDIX  TO   CHAPTER  IX. 


[BK.  III. 


litical  probation ;  this  is  the  moment  when  the 
eyes  of  the  world  are  turned  upon  them ;  this  is 
the  time  to  establish  or  ruin  their  national  char 
acter  forever ;  this  is  the  favorable  moment  to 
give  such  a  tone  to  the  Federal  Government,  as 
will  enable  it  to  answer  the  ends  of  its  institu 
tion  ;  or  this  may  be  the  ill-fated  moment  for  re 
laxing  the  powers  of  the  Union,  annihilating  the 
cement  of  the  Confederation,  and  exposing  us  to 
become  the  sport  of  European  politics,  which  may 
play  one  State  against  another,  to  prevent  their 
growing  importance,  and  to  serve  their  own  in 
terested  purposes.  For,  according  to  the  system 
of  policy  the  States  shall  adopt  at  this  moment, 
they  will  stand  or  fall ;  and  by  their  confirma 
tion  or  lapse,  it  is  yet  to  be  decided,  whether  the 
Revolution  must  ultimately  be  considered  as  a 
blessing  or  a  curse ;  a  blessing,  or  a  curse,  not  to 
the  present  age  alone ;  for,  with  our  fate,  will  the 
destiny  of  unborn  millions  be  involved. 

With  this  conviction  of  the  importance  of  the 
present  crisis,  silence  in  me  would  be  a  crime.  I 
will  therefore  speak  to  your  Excellency  the  lan 
guage  of  freedom  and  sincerity,  without  disguise. 
I  am  aware,  however,  those  who  differ  from  me 
in  political  sentiments,  may  perhaps  remark,  I  am 
stepping  out  of  the  proper  line  of  my  duty  ;  and 
they  may  possibly  ascribe  to  arrogance  or  osten 
tation,  what  I  know  is  alone  the  result  of  the 
purest  intention ;  but  the  rectitude  of  my  own 
heart,  which  disdains  such  unworthy  motives ;  the 
part  I  have  hitherto  acted  in  life ;  the  determina 
tion  I  have  formed,  of  not  taking  any  share  in 
public  business  hereafter  ;  the  ardent  desire  I  feel, 
and  shall  continue  to  manifest,  of  quietly  enjoy 
ing  in  private  life,  after  all  the  toils  of  war,  the 
benefits  of  a  wise  and  liberal  government,  will,  I 
flatter  myself,  sooner  or  later,  convince  my  coun 
trymen,  that  I  could  have  no  sinister  views  in 
delivering,  with  so  little  reserve,  the  opinions 
contained  in  this  address. 

There  are  four  things  which  I  humbly  conceive, 
are  essential  to  the  well-being,  I  may  even  ven 
ture  to  say,  to  the  existence,  of  the  United  States, 
as  an  independent  power. 

1st.  An  indissoluble  union  of  the  States  under 
one  federal  head. 

•-Jdly.  A  sacred  regard  to  public  justice. 

3dly.  The  adoption  of  a  proper  peace  establish 
ment.  And, 


4thly.  The  prevalence  of  that  pacific  and 
friendly  disposition  among  the  people  of  the 
United  States,  which  will  induce  them  to  forget 
their  local  prejudices  and  politics,  to  make  those 
mutual  concessions  which  are  requisite  to  the 
general  prosperity,  and  in  some  instances,  to  sac 
rifice  their  individual  advantages  to  the  interest 
of  the  community. 

These  are  the  pillars  on  which  the  glorious 
fabric  of  our  independence  and  national  charac 
ter  must  be  supported.  Liberty  is  the  basis,  and 
whoever  would  dare  to  sap  the  foundation,  or 
overturn  the  structure,  under  whatever  specious 
pretext  he  may  attempt  it,  will  merit  the  bitter 
est  execration,  and  the  severest  punishment,  which 
can  be  inflicted  by  his  injured  country. 

On  the  three  first  articles  I  will  make  a  fe\r  ob 
servations,  leaving  the  last  to  the  good  sense  and 
serious  consideration  of  those  immediately  con 
cerned. 

Under  the  first  head,  although  it  may  not  be 
necessary  or  proper  for  me,  in  this  place,  to  enter 
into  a  particular  disquisition  of  the  principles  of 
the  Union,  and  to  take  up  the  great  question 
which  has  been  frequently  agitated,  whether  it  be 
expedient  and  requisite  for  the  States  to  delegate 
a  large  proportion  of  power  to  Congress  or  not ; 
yet  it  will  be  a  part  of  my  duty,  and  that  of  every 
true  patriot,  to  assert  without  reserve,  and  to  in 
sist  upon  the  following  positions.  That  unless 
the  States  will  suffer  Congress  to  exercise  those 
prerogatives  they  are  undoubtedly  invested  with 
by  the  Constitution,  every  thing  must  very  rapidly 
tend  to  anarchy  and  confusion.  That  it  is  indis 
pensable  to  the  happiness  of  the  individual  States, 
that  there  should  be  lodged  somewhere  a  supreme 
power,  to  regulate  and  govern  the  general  con 
cerns  of  the  confederated  republic,  without  which 
the  Union  cannot  be  of  long  duration.  There  must 
be  a  faithful  and  pointed  compliance  on  the  part 
of  every  State,  with  the  late  proposals  and  de 
mands  of  Congress,  or  the  most  fatal  consequences 
will  ensue.  That  whatever  measures  have  a  ten 
dency  to  dissolve  the  Union,  or  contribute  to  vio 
late  or  lessen  the  sovereign  authority,  ought  to  be 
considered  as  hostile  to  the  liberty  and  inde 
pendence  of  America,  and  the  authors  of  them 
treated  accordingly.  And  lastly,  that  unless  we 
can  be  enabled,  by  the  concurrence  of  the  States, 
to  participate  in  the  fruits  of  the  Revolution,  and 


Cu.  1X.J 


WASHINGTON'S  CIRCULAR  LETTER. 


1"? 


enjoy  the  essential  benefits  of  civil  society,  under 
a  form  of  government  so  free  and  uneorrupted,  so 
happily  guarded  against  the  danger  of  oppression, 
as  has  been  devised  and  adopted  by  the  Articles 
of  Confederation,  it  will  be  the  subject  of  regret, 
that  so  much  blood  and  treasure  have  been 
lavished  for  no  purpose. ;  that  so  many  sufferings 
have  been  counteracted  without  a  compensation, 
and  that  so  many  sacrifices  have  been  made  in 
vain.  Many  other  considerations  might  here  be 
adduced  to  prove,  that  without  an  entire  con 
formity  to  the  spirit  of  the  Union,  we  cannot  ex 
ist  as  an  independent  power.  It  will  be  sufficient 
for  my  purpose  to  mention  but  one  or  two,  which 
seem  to  me  of  the  greatest  importance.  It  is 
only  in  our  united  character,  as  an  empire,  that 
our  independence  is  acknowledged,  that  our  power 
can  be  regarded,  or  our  credit  supported  among 
foreign  nations.  The  treaties  of  the  European 
powers  with  the  United  States  of  America,  will 
have  no  validity  on  the  dissolution  of  the  Union. 
Wo  shall  be  left  nearly  in  a  state  of  nature,  or  we 
may  find  by  our  own  unhappy  experience,  that 
there  is  a  natural  and  necessary  progression  from 
the  extreme  of  anarchy  to  the  extreme  of  tyr 
anny  ;  and  that  arbitrary  power  is  most  easily 
established  on  the  ruins  of  liberty  abused  to  licen 
tiousness. 

As  to  the  second  article,  which  respects  the  per 
formance  of  public  justice,  Congress  have,  in  their 
late  address  to  the  United  States,  almost  exhaust 
ed  the  subject;  they  have  explained  their  ideas 
so  fully,  and  have  enforced  the  obligations  the 
States  are  under,  to  render  complete  justice  to  all 
the  public  creditors,  with  so  much  dignity  and 
energy,  that,  in  my  opinion,  no  real  friend  to  the 
honor  and  independency  of  America,  can  hesitate 
a  single  moment  respecting  the  propriety  of  com 
plying  with  the  just  and  honorable  measures  pro 
posed.  If  their  arguments  do  not  produce  con 
viction,  I  know  of  nothing  that  will  have  a  greater 
influence,  especially  when  we  reflect,  that  the  sys 
tem  referred  to,  being  the  result  of  the  collected 
wisdom  of  the  continent,  must  be  esteemed,  if  not 
perfect,  certainly  the  least  objectionable  of  any 
that  could  be  devised  ;  and  that  if  it  should  not  be 
carried  into  immediate  execution,  a  national  bank 
ruptcy,  with  all  its  deplorable  consequences,  will 
take  place,  before  any  different  plan  can  possibly 
be  proposed  or  adopted ;  so  pressing  are  the 


present  circumstances,  and  such  the  alternative 
now  offered  to  the  States. 

The  ability  of  the  country  to  discharge  the 
debts  which  have  been  incurred  in  its  defence,  is 
not  to  be  doubted.  An  inclination,  I  flatter  my 
self,  will  not  be  wanting;  the  path  of  our  duty  is 
plain  before  us ;  honesty  will  be  found,  on  every 
experiment,  to  be  the  best  and  only  true  policy. 
Let  us,  then,  as  a  nation,  be  just ;  let  us  fulfil  the 
public  contracts  which  Congress  had  undoubtedly 
a  right  to  make  for  the  purpose  of  carrying  on 
the  war,  with  the  same  good  faith  we  suppose 
ourselves  bound  to  perform  our  private  engage 
ments.  In  the  mean  time,  let  an  attention  to  the 
cheerful  performance  of  their  proper  business,  as 
individuals,  and  as  members  of  society,  be  ear 
nestly  inculcated  on  the  citizens  of  America; 
then  will  they  strengthen  the  bands  of  govern 
ment,  and  be  happy  under  its  protection.  Every 
one  will  reap  the  fruit  of  his  labors ;  every  one 
will  enjoy  his  own  acquisitions,  without  molesta 
tion,  and  without  danger. 

In  this  state  of  absolute  freedom,  and"  perfect 
security,  who  will  grudge  to  yield  a  very  little  of 
his  property,  to  support  the  common  interests  of 
society,  and  ensure  the  protection  of  government? 
Who  does  not  remember  the  frequent  declara 
tions  at  the  commencement  of  the  war,  that  we 
should  be  completely  satisfied,  if,  at  the  expense 
of  one  half,  we  could  defend  the  remainder  of  our 
possessions  1  Where  is  the  man  to  be  found,  who 
wishes  to  remain  indebted  for  the  defence  of  his 
own  person  and  property  to  the  exertions,  the 
bravery,  and  the  blood  of  others,  without  making 
one  generous  effort  to  pay  the  debt  of  honor  and 
of  gratitude  ?  In  what  part  of  the  continent  shall 
we  find  any  man,  or  body  of  men,  who  would  not 
blush  to  stand  up,  and  propose  measures  pur 
posely  calculated  to  rob  the  soldier  of  his  stipend, 
and  the  public  creditor  of  his  due?  And  were  it 
possible,  that  such  a  flagrant  instance  of  injustice 
could  ever  happen,  would  it  not  excite  the  general 
indignation,  and  tend  to  bring  down  upon  the  au 
thors  of  such  measures,  the  aggravated  vengeance 
of  heaven  ?  If,  after  all,  a  spirit  of  disunion,  or 
a  temper  of  obstinacy  and  perverscness  should 
manifest  itself  in  any  of  the  States ;  if  such  an  un 
gracious  disposition  should  attempt  to  frustrate 
all  the  happy  effects  that  might  be  expected  to 
flow  from  the  Union :  if  there  should  be  a  re- 


178 


APPENDIX  TO   CHAPTER  IX. 


[RK.  III. 


fusal  to  comply  with  the  requisitions  for  funds  to 
discharge  the  annual  interest  of  the  public  debts, 
and  if  that  refusal  should  revive  all  those  jeal 
ousies,  and  produce  all  those  evils  which  are  now 
happily  removed ;  Congress,  who  have  in  all  their 
transactions,  shown  a  great  degree  of  magna 
nimity  and  justice,  will  stand  justified  in  the  sight 
of  God  and  man !  And  that  State  alone,  which 
puts  itself  in  opposition  to  the  aggregate  wisdom 
of  the  continent,  and  follows  such  mistaken  and 
pernicious  counsels,  will  be  responsible  for  all  the 
consequences. 

For  my  own  part,  conscious  of  having  acted 
while  a  servant  of  the  public,  in  the  manner  I 
conceived  best  suited  to  promote  the  real  in 
terests  of  my  country  ;  having,  in  consequence  of 
my  fixed  belief,  in  some  measure  pledged  myself 
to  the  army  that  their  country  would  finally  do 
them  complete  and  ample  justice,  and  not  willing 
to  conceal  any  instance  of  my  official  conduct  from 
the  eyes  of  the  world,  I  have  thought  proper  to 
transmit  to  your  Excellency  the  enclosed  collec 
tion  of  papers,  relative  to  the  half-pay  and  com 
mutation  granted  by  Congress  to  the  officers  of 
the  army ;  from  these  communications,  my  de 
cided  sentiments  will  be  clearly  comprehended, 
together  with  the  conclusive  reasons,  which  in 
duced  me  at  an  early  period,  to  recommend  the 
adoption  of  this  measure  in  the  most  earnest  and 
serious  manner.  As  the  proceedings  of  Congress, 
the  army,  and  myself,  are  open  to  all,  and  con 
tain,  in  my  opinion,  sufficient  information,  to  re 
move  the  prejudice  and  errors  which  may  have 
been  entertained  by  any,  I  think  it  unnecessary  to 
say  any  thing  more,  than  just  to  observe,  that  the 
resolutions  of  Congress,  now  alluded  to,  are  as 
undoubtedly  and  absolutely  binding  on  the  United 
States,  as  the  most  solemn  acts  of  confederation 
or  legislation. 

As  to  the  idea,  which  I  am  informed  has,  in 
some  instances,  prevailed,  that  the  half-pay  and 
commutation  are  to  be  regarded  merely  in  the 
odious  light  of  a  pension,  it  ought  to  be  exploded 
forever;  that  provision  should  be  viewed,  as  it 
really  was,  a  reasonable  compensation  offered  by 
Congress,  at  a  time  wlu-n  they  had  nothing  <?lse 
to  give  to  officers  of  the  army,  for  services  then 
to  be  performed  :  it  was  the  only  means  to  pre 
vent  a  total  dereliction  of  the  service;  it  was  a 
part  of  their  hire.  I  may  be  allowed  to  say,  it 


was  the  price  of  their  blood,  and  of  your  indepen 
dency  ;  it  is  therefore  more  than  a  common  debt, 
a  debt  of  honor ;  it  can  never  be  considered  as  a 
pension  or  gratuity,  nor  cancelled  until  it  is  fairly 
discharged. 

With  regard  to  the  distinction  between  officers 
and  soldiers,  it  is  sufficient  that  the  uniform  ex 
perience  of  every  nation  in  the  world,  combined 
with  our  own,  proves  the  utility  and  propriety  of 
the  discrimination.  Rewards,  in  proportion  to 
the  aid  the  public  draws  from  them,  are  unques 
tionably  due  to  all  its  servants.  In  some  lines, 
the  soldiers  have  perhaps  had  as  ample  compen 
sation  for  their  services,  by  the  large  bounties 
which  have  been  paid  to  them,  as  their  officers 
will  receive  in  the  proposed  commutation :  in 
others,  if,  besides  the  donation  of  land,  the  pay 
ment  of  arrearages  of  clothing  and  wages  (in 
which  articles  all  the  component  parts  of  the 
army  must  be  put  upon  the  same  footing)  we 
take  into  the  estimate  the  bounties  many  of  the 
soldiers  have  received,  and  the  gratuity  of  one 
year's  full  pay,  which  is  promised  to  all,  possibly 
their  situation  (every  circumstance  being  duly 
considered)  will  not  be  deemed  less  eligible  than 
that  of  the  officers.  Should  a  further  reward, 
however,  be  judged  equitable,  I  will  venture  to 
assert,  no  man  will  enjoy  greater  satisfaction  than 
myself,  in  an  exemption  from  taxes  for  a  limited 
time,  (which  has  been  petitioned  for  in  some  in 
stances,)  or  any  other  adequate  immunity  or  com 
pensation  granted  to  the  brave  defenders  of  their 
country's  cause ;  but  neither  the  adoption  nor 
rejection  of  this  proposition  will  in  any  manner 
affect,  much  less  militate  against,  the  act  of  Con 
gress,  by  which  they  have  offered  five  years'  full 
pay,  in  lieu  of  the  half-pay  for  life,  which  had 
been  before  promised  to  the  officers  of  the  army. 

Before  I  conclude  the  subject  on  public  justice, 
I  cannot  omit  to  mention  the  obligations  this 
country  is  under  to  that  meritorious  class  of  vet- 
erans,  the  non-commissioned  officers  and  privates 
who  have  been  discharged  for  inability,  in  conse 
quence  of  the  resolution  of  Congress,  of  the  23d 
of  April,  1782,  on  an  annual  pension  for  life. 
Their  peculiar  sufferings,  their  singular  merits 
and  claims  to  that  provision,  need  only  to  be 
known,  to  interest  the  feelings  of  humanity  in 
their  behalf.  Nothing  but  a  punctual  payment 
of  their  annual  allowance  can  rescue  them  from 


Cn.  IX.] 


WASHINGTON'S  CIRCULAR  LETTER. 


179 


the  most  complicated  misery ;  and  nothing  could 
be  a  more  melancholy  and  distressing  sight,  than 
to  behold  those  who  have  shed  their  blood,  or 
lost  their  limbs  in  the  service  of  their  country, 
without  a  shelter,  without  a  friend,  and  without 
the  means  of  obtaining  any  of  the  comforts  or 
necessaries  of  life,  compelled  to  beg  their  daily 
bread  from  door  to  door.  Suffer  me  to  recom 
mend  those  of  this  description,  belonging  to  your 
State,  to  the  warmest  patronage  of  your  Excel 
lency  and  your  Legislature. 

It  is  necessary  to  say  but  a  few  words  on  the 
third  topic  which  was  proposed,  and  which  regards 
particularly  the  defence  of  the  republic.  As  there 
can  be  little  doubt  but  Congress  will  recommend 
a  proper  peace  establishment  for  the  United 
States,  in  which  a  due  attention  will  be  paid  to 
the  importance  of  placing  the  militia  of  the  Union 
upon  a  regular  and  respectable  footing ;  if  this 
should  be  the  case,  I  should  beg  leave  to  urge  the 
great  advantage  of  it  in  the  strongest  terms. 

The  militia  of  this  country  must  be  considered 
as  the  palladium  of  our  security,  and  the  first 
effectual  resort  in  case  of  hostility  ;  it  is  essential, 
therefore,  that  the  same  system  should  pervade 
the  whole ;  that  the  formation  and  discipline  of 
the  militia  of  the  continent  should  be  absolutely 
uniform :  a::d  that  the  same  species  of  arms,  ac 
coutrements,  and  military  apparatus,  should  be 
introduced  in  every  part  of  the  United  States. 
No  one,  who  has  not  learned  it  from  experience, 
can  conceive  the  difficulty,  expense,  and  confusion 
which  result  from  a  contrary  system,  or  the  vague 
arrangements  which  have  hitherto  prevailed. 

If,  in  treating  of  political  points,  a  greater  lati 
tude  than  usual  has  been  taken  in  the  course  of 
the  Address,  the  importance  of  the  crisis  and 
magnitude  of  the  objects  in  discussion,  must  be 
my  apology ;  it  is,  however,  neither  my  wish  nor 
expectation,  that  the  preceding  observations  should 
claim  any  regard,  except  so  far  as  they  shall  ap 
pear  to  be  dictated  by  a  good  intention,  consonant 
to  the  immutable  rules  of  justice,  calculated  to 
produce  a  liberal  system  of  policy,  and  founded 
on  whatever  experience  may  have  been  acquired 
by  a  long  and  close  attention  to  public  business. 
Here  I  might  speak  with  more  confidence,  from 
my  actual  observations ;  and  if  it  would  not  swell 
this  letter  (ah  eady  too  prolix)  beyond  the  bounds 
I  had  prescribed  myself,  I  could  demonstrate  to 


every  mind,  open  to  conviction,  that  in  less  time, 
and  with  much  less  expense  than  has  been  incur 
red,  the  war  might  have  been  brought  to  the 
same  happy  conclusion,  if  the  resources  of  the 
continent  could  have  been  properly  called  forth  ; 
that  the  distresses  and  disappointments  which 
have  very  often  occurred,  have,  in  too  many  in 
stances,  resulted  more  from  a  want  of  energy  in 
the  continental  government,  than  a  deficiency  of 
means  in  the  particular  States  ;  that  the  in 
efficiency  of  the  measures,  arising  from  the  want 
of  an  adequate  authority  in  the  supreme  power, 
from  a  partial  compliance  with  the  requisitions 
of  Congress  in  some  of  the  States,  and  from  a 
failure  of  punctuality  in  others,  while  they  tended 
to  damp  the  zeal  of  those  who  were  more  willing 
to  exert  themselves,  served  also  to  accumulate 
the  expenses  of  the  war,  and  to  frustrate  the  best 
concerted  plans ;  and  that  the  discouragement  oc 
casioned  by  the  complicated  difficulties  and  em 
barrassments  in  which  our  affairs  were  by  this 
means  involved,  would  have  long  ago  produced 
the  dissolution  of  any  army  less  patient,  less  vir 
tuous,  and  less  persevering  than  that  which  I  have 
had  the  honor  to  command.  But  while  I  mention 
those  things  which  are  notorious  facts,  as  the 
defects  of  our  Federal  Constitution,  particularly 
in  the  prosecution  of  a  war,  I  beg  it  may  be  un 
derstood,  that  as  I  have  ever  taken  a  pleasure  in 
gratefully  acknowledging  the  assistance  and  sup 
port  I  have  derived  from  every  class  of  citizens ; 
so  shall  I  always  be  happy  to  do  justice  to  the 
unparalleled  exertions  of  the  individual  States,  on 
many  interesting  occasions. 

I  have  thus  freely  disclosed  what  I  wished  to 
make  known  before  I  surrendered  up  my  public 
trust  to  those  who  committed  it  to  me ;  the  task 
is  now  accomplished.  I  now  bid  adieu  to  your 
Excellency,  as  the  Chief  Magistrate  of  your 
State ;  at  the  same  time  I  bid  a  last  farewell  to 
the  cares  of  office,  and  all  the  employments  of 
public  life. 

It  remains,  then,  to  be  my  final  and  only  re 
quest,  that  your  Excellency  will  communicate 
these  sentiments  to  your  legislature,  at  their  next 
meeting,  and  that  they  may  be  considered  as  the 
legacy  of  one  who  has  ardently  wished,  on  all  oc 
casions,  to  be  useful  to  his  country,  and  who,  even 
in  the  shade  of  retirement,  will  not  fail  to  implore 
the  divine  benediction  upon  it. 


180 


APPENDIX  TO  CHAPTER  IX. 


[BK.  III. 


I  now  make  it  my  earnest  prayer  that  God 
would  have  you,  and  the  State  over  which  you 
preside,  in  his  holy  protection ;  that  he  would 
incline  the  hearts  of  the  citizens  to  cultivate  a 
spirit  of  subordination  and  obedience  to  govern 
ment  ;  to  entertain  a  brotherly  affection  and  love 
for  one  another ;  for  their  fellow-citizens  of  the 
United  States  at  large ;  and  particularly  for  their 
brethren  who  have  served  in  the  field  ;  and,  finally, 
that  he  would  most  graciously  be  pleased  to  dis 
pose  us  all  to  do  justice,  to  love  mercy,  and  to 
demean  ourselves  with  that  charity,  humility,  and 
pacific  temper  of  the  mind,  which  were  the  char 
acteristics  of  the  Divine  Author  of  our  blessed 
religion ;  without  an  humble  imitation  of  whose 
example,  in  these  things,  we  can  never  hope  to  be 
a  happy  nation. 

I  have  the  honor  to  be,  with  much  esteem  and 
respect,  Sir,  your  Excellency's  most  obedient  and 

most  humble  servant, 

GEO.  WASHINGTON. 


V.    THE  RESIGNATION  OF  WASHINGTON'S  COM 
MISSION. 

MR.  PRESIDENT  : — The  great  events  on  which 
my  resignation  depended,  having  at  length  taken 
place,  I  now  have  the  honor  of  offering  my  sin 
cere  congratulations  to  Congress,  and  of  present 
ing  myself  before  them,  to  surrender  into  their 
hands  the  trust  committed  to  me,  and  to  claim 
the  indulgence  of  retiring  from  the  service  of  my 
country. 

Happy  in  the  confirmation  of  our  independ 
ence  and  sovereignty,  and  pleased  with  the  op 
portunity  afforded  the  United  States,  of  becoming 
a  respectable  nation,  I  resign  with  satisfaction  the 
appointment  I  accepted  with  diffidence;  a  diffi 
dence  in  my  abilities,  to  accomplish  so  arduous  a 
task,  which,  however,  was  superseded  by  a  con 
fidence  in  the  rectitude  of  our  cause,  the  support 
of  the  supreme  power  of  the  Union,  and  the  pat 
ronage  of  Heaven. 

The  successful  termination  of  the  war  has  veri 
fied  the  most  sanguine  expectations:  my  grati 
tude  for  the  interposition  of  Providence,  and  the 
assistance  I  have  received  from  my  countrymen, 
increase  with  every  review  of  the  momentous 
contest. 

While  I  respect  my  obligations  to  the  army  in 
general,  I  should  do  injustice  to  my  own  feelings, 


not  to  acknowledge  in  this  place,  the  peculiar  ser 
vices  and  distinguished  merits  of  the  persons  who 
have  been  attached  to  my  person  during  the  war. 
It  was  impossible  the  choice  of  confidential  offi 
cers  to  compose  my  family  should  have  been 
more  fortunate.  Permit  me,  Sir,  to  recommend, 
in  particular,  those  who  have  continued  in  the 
service  to  the  present  moment,  as  worthy  of  the 
favorable  notice  and  patronage  of  Congress. 

I  consider  it  as  an  indispensable  duty,  to  close 
this  last  solemn  act  of  my  official  life,  by  com 
mending  the  interests  of  our  dearest  country  to 
the  protection  of  Almighty  God,  and  those  who 
have  the  superintendence  of  them,  to  His  holy 
keeping. 

Having  now  finished  the  work  assigned  me,  I 
retire  from  the  great  theatre  of  action,  and  bid 
ding  an  affectionate  farewell  to  this  august  body, 
under  whose  orders  I  have  so  long  acted,  I  here 
offer  my  commission,  and  take  my  leave  of  all 
the  employments  of  public  life. 

To  this  Address,  the  President  of  Congress  an- 

*  .O 

swered  as  follows  : — 

SIR  : — The  United  States,  in  Congress  assem 
bled,  receive,  with  emotions  too  affecting  for 
utterance,  the  solemn  resignation  of  the  authori 
ties  under  which  you  have  led  their  troops  with 
success  through  a  perilous  and  a  doubtful  war. 
Called  upon  by  your  country,  to  defend  its  in 
vaded  rights,  you  accepted  the  sacred  charge,  be 
fore  it  had  formed  alliances,  and  whilst  it  was 
without  funds,  or  a  government  to  support  you. 
You  have  conducted  the  great  military  contest 
with  wisdom  and  fortitude,  invariably  regarding 
the  rights  of  the  civil  power,  through  all  disas 
ters  and  changes.  You  have,  by  the  love  and 
confidence  of  your  fellow-citizens,  enabled  them 
to  display  their  martial  genius,  and  transmit  their 
fame  to  posterity.  You  have  persevered,  until 
these  United  States,  aided  by  a  magnanimous 
king  and  nation,  have  been  enabled,  under  a  just 
Providence,  to  close  the  war  in  safety,  freedom, 
and  independency ;  on  which  happy  event,  we 
sincerely  join  you  in  congratulations. 

Having  defended  the  standard  of  liberty  in  this 
new  world  ;  having  taught  a  lesson  useful  to  those 
who  inflict,  and  to  those  who  feel  oppression,  you 
retire  from  the  great  theatre  of  action,  with  the 
blessings  of  your  fellow-citizens;  but  the  glory 
of  your  virtues  will  not  terminate  with  your  mil- 


Cn.  IX.] 


THE  RESIGNATION   OF  WASHINGTON'S  COMMISSION. 


181 


itary  command :  it  will  continue  to  animate  re 
motest  ages. 

We  feel,  with  you,  our  obligations  to  the  army 
in  general,  and  will  particularly  charge  ourselves 
with  the  interest  of  those  confidential  officers,  who 
have  attended  your  person  to  this  affecting  mo 
ment. 

We  join  you  in  commending  the  interests  of 
our  dearest  country  to  the  protection  of  Almighty 
VOL.  II.— 23 


God,  beseeching  him  to  dispose  the  hearts  and 
minds  of  its  citizens,  to  improve  the  opportunity 
afforded  them,  of  becoming  a  happy  and  respect 
able  nation ;  and  for  you,  we  address  to  Him  our 
earnest  prayers,  that  a  life  so  beloved,  may  be 
fostered  with  all  his  care  j  that  your  days  may  be 
happy,  as  they  have  been  illustrious,  and  that  He 
will  finally  give  you  that  reward  which  this  world 
cannot  give. 


a a\i 


FROM 

THE    TREATY    OF   PEACE 

TO   TUB 

END    OF    ADAMS'S    ADMINISTK  ATION. 

1783-1801. 


HISTORY 


UNITED    STATES    OF   AMERICA. 


CHAPTEE    I, 


1783-1786, 


THE  THREE  YEARS   AFTER  THE  WAR. 

Sad  condition  of  the  Union  when  peace  came  —  Inefficiency  of  the  Articles  of  Confederation  —  State  jealousies  — 
Revenue  system  of  1783  —  Congress  ask  for  additional  powers  —  Some  good  results  of  the  plan  —  Powers 
refused  —  New  York  strongly  opposed  —  Requisitions  of  Congress  utterly  ineffectual  —  The  subject  of  foreign 
commercial  relations  —  Treaties  desired  with  other  nations  —  Mr.  Pitt's  bill  —  Favorable  to  the  Americans  — 
Not  adopted  by  Parliament  —  Congress  ask  for  power  on  the  subject  of  commerce  —  Not  granted  —  Disputes 
with  England  as  to  infractions  of  the  treaty  of  peace  —  Difficulties  of  the  question  —  John  Adams  sent  as  minister 
plenipotentiary  to  England  —  Jefferson  sent  to  France  —  Reception  of  John  Adams  —  Course  pursued  by  the 
British  court  —  Adams's  efforts  to  settle  the  questions  at  issue  ineffectual  —  Mr.  Jay's  report  on  the  papers 
submitted  to  him  —  Adams  returns  home  —  Difficulties  with  Spain  —  Mr.  Jay's  negotiations  with  the  Spanish 
minister  —  Excitement  in  the  West  in  regard  to  the  navigation  of  the  Mississippi  —  Washington's  deep  interest 
in  public  affairs — Extracts  from  his  letters  —  Discordant  state  legislation  —  Cession  of  the  western  lands  to  the 
United  States — The  Ordinance  of  1787  for  the  Government  of  the  North  Western  Territory  —  Abstract  of  its 
provisions  —  Its  importance  in  American  history  —  Marshall's  account  of  the  two  parties  in  the  States  —  Measures 
taken  in  Virginia  respecting  trade  —  Meeting  of  commissioners  at  Annapolis,  in  September,  1786  —  Their 
important  recommendation.  APPENDIX  TO  CHAPTEE  L  The  Ordinance  of  1787  for  the  Government  of  the 
North  Western  Territory. 


THE  long  and  arduous  struggle  for 
liberty  and  independence  was,  at  last, 
ended.  Despite  the  stern  and  bitter 
trials,  the  indescribable  hardships,  the 
agonizing  toils  of  the  contest,  it  had 
been  maintained,  until  victory  had 
crowned  the  arms  of  our  patriot  sires. 
Washington  had  retired  to  private  life ; 
the  army  had  been  disbanded ;  and  the 


United  States  were  now  acknowledged 
to  be  free  and  independent.  Freed 
from  all  foreign  domination,  with  a 
vast  territory  in  possession,  with  a 
prospect  of  advancement  in  wealth,  in 
population,  in  national  great 
ness,  beyond  the  power  of  im 
agination  rightly  to  conceive,  the  world 
was  all  before  them,  where,  and  how 


1783. 


186 


THE  THREE  YEARS  AFTER   THE  WAR. 


[BK.  IV, 


to  choose,  and  their  future  career  of 
good  or  evil,  was  yet  to  be  worked 
out. 

Yet,  how  sad  was  the  actual  con 
dition  of  these  states,  who  had  won  in 
dependence  at  the  point  of  the  sword ! 
Their  present  resources  were  dried  up ; 
their  means  were  exhausted  in  a  long 
and  destructive  war;  their  trade  and 
commerce  were  destroyed;  their  me 
chanics  were  ruined ;  their  agriculture 
was  withered;  and  the  relations  of 
man  to  man,  hardly  at  all  defined  by 
any  laws,  were  not  recognized  and 
acted  upon,  on  the  principles  of  justice 
and  equity.  A  mountain  of  debt  was 
pressing  upon  them;  and,  worse  than 
all,  they  were  on  the  very  brink  of 
anarchy  and  political  destruction.  It 
was  not  enough,  that  they  had  fought 
and  won  the  battle  for  independence 
and  the  rights  of  man;  it  was  not 
enough,  that  they  had  established  their 
claims  to  a  free  and  equal  position  in 
the  family  of  nations;  it  was  not 
enough,  that  they  had  wrought  their 
work  well  thus  far.  There  was  a  still 
greater  work  yet  to  be  done.  There 
was  a  severer  contest  yet  to  be  gone 
through.  There  was  a  crisis  yet  to  be 
met,  whose  importance  was  second  to 
none  in  the  history  of  America. 

Washington  and  his  patriot  com 
peers,  were  anxiously  looking  forward, 
earnestly  endeavoring  to  penetrate  be 
yond  the  veil  which  concealed  the  un 
known  future.  Many  a  dark  forebod 
ing  filled  their  minds.  They  beheld, 
with  the  deepest  concern,  the  unhappy 
state  of  public  affairs.  Congress  was 
totally  inefficient.  There  was,  in  fact, 
no  government.  The  separate,  inde- 


1784. 


pendent,  state  sovereignties,  however 
efficient  within  their  respec 
tive  boundaries,  were  utterly  in 
capable  of  furnishing  or  maintaining  a 
government  for  the  whole.  The  coun 
try  had  no  nationality.  Petty  jealous 
ies  and  disputings  prevailed.  The 
smaller  states  looked  suspiciously  upon 
the  larger;  and  these,  in  their  torn, 
were  not  indisposed  to  use  the  advan 
tages  of  their  position  for  state  ag 
grandizement,  and  state  power.  The 
wise  and  weighty  words  of  the  father 
of  his  country,  in  that  last  noble 
Address  to  the  States,  before  he 
resigned  his  commission,  (pp.  1Y5-80) 
were  unheeded;  and  it  became  ere 
long  a  question  of .  prime  magnitude 
and  importance,  whether  there  was 
to  be  any  country  at  all;  whether 
the  people  of  the  United  States  were  to 
be  one  people,  or  many ;  whether  there 
was  to  be  union,  efficiency,  energy 
at  home,  and  respect  and  confidence 
abroad  ;  and  whether  there  was  to  be 
a  national  government,  a  national 
character,  and  a  national  integrity  and 
honor. 

The  Articles  of  Confederation,  un 
der  which  the  war  had  been  prose 
cuted  in  the  latter  years  of  the  Revo 
lution,  though  professing  to  be  articles 
of  perpetual  union,  were  possessed  of 
no  power  to  effect  and  maintain  union. 
Congress  had  exclusive  power  for  a 
number  of  purposes,  but  had  no  ability 
to  execute  any  of  them.  They  were 
empowered  to  make  and  conclude 
treaties;  but  they  could  only  recom 
mend  the  observance  of  them.  They 
could  appoint  ambassadors;  but  they 
could  not  defray  their  expenses.  They 


CH.  I.] 


STATE  JEALOUSY  AND  INEFFICIENCY. 


187 


1783. 


could  borrow  money  in  their  own  name, 
on  the  faith  of  the  Union ;  but  they 
could  not  pay  a  dollar.  They  could 
coin  money ;  but  they  could  not  import 
an  ounce  of  bullion.  They  could  make 
war,  and  determine  upon  the  number 
of  troops  necessary ;  but  they  could  not 
raise  a  single  soldier.  In  fact,  they 
could  declare  every  thing,  but  could  do 
nothing.  Mr.  Justice  Story,  in  his  ad 
mirable  "  Commentaries  on  the  Con 
stitution  of  the  United  States,"  points 
out  with  great  clearness  and 
fulness  of  detail,  the  inherent 
defects  of  the  Confederation,  in  all 
those  particulars  which  had  reference 
to  its  answering  the  design  and  neces 
sities  of  a  national  government.  Mr. 
Curtis,  likewise,  in  his  able  "History 
of  the  Constitution,"  lucidly  sets  forth 
both  the  advantages  and  the  defects 
of  the  Confederation.  It  had  undoubt 
edly  accomplished  something.  It  had 
given  an  impulse,  at  least,  towards  na 
tionality,  and  it  had  rendered  good 
service,  in  obtaining  a  cession  of  the 
public  lands,  and  carrying  the  war  for 
ward  to  its  conclusion.  But  it  had  no 
authority  to  compel  obedience.  It  had 
been  miserably  ineffective,  in  obtain 
ing  the  means  for  feeding,  clothing, 
and  paying,  its  troops.  It  had  been 
compelled  to  resort  to  temporary  ex 
pedients,  entirely  at  variance  with  or 
der,  economy,  energy,  and  strict  ad 
herence  to  public  faith  and  honor.  It 
found  itself,  at  the  close  of  the  war, 
without  command  of  means,  to  meet 
its  obligations  to  that  noble  band  of 
men,  who  had  fought,  and  bled,  and 
suffered  unutterable  miseries,  in  their 
country's  behalf ;  without  means  to  pay 


its  citizens  and  foreigners,  who  had 
generously  loaned  their  money;  and 
without  means  to  compensate  any  of 
those  who  had  contributed  property 
and  personal  service  to  the  common 
cause.  Its  last  hope  of  being  able  to 
do  justice,  hung  upon  the  possibility 
of  being  able  to  obtain  the  assent  of 
thirteen  distinct  legislative  bodies,  the 
dissent  of  either  one  of  which  would 
defeat  any  measure  of  Congress,  and 
subject  it  to  the  disgrace  and  the  per 
nicious  effects  of  broken  faith  and  na 
tional  bankruptcy. 

At  this  day,  it  is  probably  impos 
sible  for  us  to  realize  the  strange  fact, 
that  with  all  these,  and  many  similar 
defects  staring  men  in  the  face,  they 
should  have  been  so  wedded  to  the 
notion  of  state  sovereignty,  and  state 
efficiency,  as  to  be  reluctant,  to  the 
last  degree,  to  attempt  any  thing  in  the 
way  of  adequate  remedies  for  the  evils 
which  threatened  our  national  exist 
ence.  For  years,  efforts  were  made  by 
the  wisest  and  best  men  in  the  coun 
try,  to  procure  an  indispensably  neces 
sary  enlargement  of  the  powers  of  the 
Continental  Congress;  but  state  jeal 
ousies  predominated,  state  interests 
clashed,  and  every  effort  failed. 
The  Confederation,  without  re 
sources,  and  without  powers,  was  fast 
expiring  of  its  own  debility.  It  lost, 
not  only  its  vigor,  but  the  respect 
which  it  once  claimed.  It  was  in  the 
last  stages  of  its  decline ;  and  now  the 
only  question  remained,  whether  it 
should  dissolve,  and  even  the  sem 
blance  of  a  government  be  lost,  or 
whether  there  should  not  be  a  brave 
effort  made  by  the  patriots  and  states- 


188 


THE  THREE  YEARS  AFTER  THE  WAR. 


.  IV. 


men  of  the  day,  to  form  a  more  effi 
cient  government,  before  the  great  in 
terests  of  the  United  States  were 
buried  beneath  its  ruins. 

Congress  had  early  declared,  that  it 
was  "indispensably  necessary,"  that 
they  should  possess  power  to  levy 
duties,  and  provide  for  the  public  ex 
penses,  by  direct  taxation.  Under  the 
Articles  of  Confederation,  they  had  no 
such  power ;  they  could  only  issue 
requisitions  on  the  states,  which  were 
complied  with,  or  disregarded,  or  re 
jected,  according  to  the  sovereign  will 
and  pleasure  of  the  states.  Congress 
had  issued  bills  of  credit,  as  long  as 
they  had  any  credit,  and  so,  too,  had 
the  states.  Congress  had  borrowed 
money  abroad,  when  they  could  not 
raise  a  dollar  at  home  ;  and  when  the 
states  refused,  or  neglected  to  furnish 
the  means,  they  were  compelled  to 
resort  to  new  loans,  to  pay  the  interest 
upon  those  which  had  preceded.  In 
April,  1783,  Congress,  after  much  de 
bate,  recommended  to  the  states,  as 
being  "  indispensably  necessary,  to  the 
restoration  of  public  credit,  and  to  the 
punctual  discharge  of  the  public  debts," 
to  vest  Congress  with  power 
to  levy  certain  specified  duties 
on  spirits,  wines,  teas,  pepper,  sugar, 
molasses,  cocoa,  and  coffee,  and  a  duty 
of  five  per  cent,  ad  valorem,  on  all 
other  imported  goods.  These  duties 
were  to  be  applied  solely  to  the  pay 
ment  of  the  interest  and  principal  of 
the  public  debt,  and  for  that  purpose, 
to  continue  twenty-five  years ;  the  col 
lectors  to  be  chosen  by  the  states,  but 
removable  by  Congress.  The  states 
were  also  required  to  establish,  for  the 


1783. 


same  period  of  time,  and  for  the  same 
object,  substantial  and  effectual  rev 
enues  of  such  nature,  as  they  should 
judge  convenient,  for  supplying  their 
proportion  of  $1,500,000  annually,  ex 
clusive  of  duties  on  imports ;  the  pro 
portion  of  each  state  to  be  fixed,  ac 
cording  to  the  Articles  of  Confedera 
tion.* 

The  necessary  expenses  of  support 
ing  the  government  had  never  yet  been 
apportioned  among  the  states,  accord 
ing  to  the  rule  prescribed  by  the  Con 
federation.  A  satisfactory  valuation 
of  houses  and  lands  had  not  yet  been 
completed ;  and  the  difficulties  in  mak 
ing  such  a  valuation,  seemed  nearly  in 
superable.  The  proportions  had  been 
generally  regulated  by  the  supposed 
number  of  inhabitants.  Congress  now 
proposed  to  the  consideration  of  the 
states,  an  alteration  in  the  articles,  pro 
viding,  that  the  proportion  should  be 
governed  by  the  number  of  white  and 
other  free  citizens,  including  those 
bound  to  servitude  for  a  term  of  years, 
and  three-fifths  of  all  other  persons. 
To  enforce  the  necessity  of  adopting 
and  carrying  into  effect,  this  system  of 
finance,  Congress  presented  an  address 
to  the  states.  This  was  prepared  by  a 
committee,  consisting  of  Mr.  Ellsworth, 
Mr.  Madison,  and  Mr.  Hamilton.  This 
latter  eminent  statesman  entered  Con 
gress  in  1782,  and  the  influence  ex- 


*  This  sum  of  $1,500,000  was  apportioned  among 
the  states,  as  follows: — New  Hampshire,  $52,708; 
Massachusetts,  $224,427;  Rhode  Island,  $32,318; 
Connecticut,  $132,091 ;  New  York,  $128,242 ;  New 
Jersey,  $83,358 ;  Pennsylvania,  $205,189 ;  Delaware, 
$22,443;  Maryland,  $141,517;  Virginia,  $256,487; 
North  Carolina,  $109,006 ;  South  Carolina,  $96,183 ; 
Georgia,  $16,030. 


CH.  L] 


THE  REVENUE  SYSTEM  OF   1783. 


ISO 


erted  by  him,  was  of  the  most  import 
ant  kind.  He  was  much  in  advance  of 
most  of  his  compeers,  and  his  sagacity 
and  largeness  of  view,  fitted  him  ad 
mirably  for  the  distinguished  part 
which  he  was  called  upon  to  perform 
in  the  councils  of  his  country. 

The  design  of  the  revenue  system  of 
1783,  was  to  see  that  justice  was  done 
to  the  creditors  of  the  United  States, 
and  to  strengthen  and  consolidate  the 
government  by  the  efforts  which  would 
be  necessary  to  carry  out  national 
measures  of  so  great  moment.  It  was 
a  wise  and  judicious  movement,  un 
doubtedly  ;  for  it  had  a  most  salutary 
effect  in  familiarizing  the  public  mind 
with  the  important  idea  of  the  credi 
tors  looking  to  the  general  govern 
ment  for  the  payment  of  their  dues, 
and  not  to  the  separate  states ;  and  it 
prevented  the  almost  certain  result 
that  would  have  followed  any  attempt 
to  rely  upon  the  states,  viz.,  of  partial 
payment,  of  bankruptcy,  or  of  entire 
repudiation.  The  scheme,  it  is  true, 
was  never  adopted ;  yet,  as  Mr.  Curtis 
points  out,  the  influence  of  this  revenue 
system  was  very  great  in  saving  the 
Union,  at  the  time,  from  speedy 
dissolution,  and  in  directing  the 
attention  of  the  states,  to  the  necessity 
of  giving  to  it  additional  powers  with 
respect  to  commerce  and  kindred 
national  objects.  The  arrangement 
which  was  completed,  with  regard  to 
the  pay  due  to  the  army,  we  have 
spoken  of  on  a  previous  page,  (p. 
160  )  this,  together  with  the  proposal 
of  the  present  plan  of  obtaining  rev 
enue  for  the  general  government,  were, 
during  the  four  years  that  followed, 
VOL.  II.— 24 


1783. 


serviceable,  to  a  high  degree,  in  mak 
ing  evident  the  necessities  which  ex 
isted,  and  in  directing  the  thoughts  of 

O  O 

men,  to  the  mode  best  adapted  to  the 
meeting  these  necessities,  and  the  pre 
serving  our  country  from  intestine  dis 
cord  and  ruin. 

That  part  of  the  financial  plan,  which 
required  from  the  states  a  pledge  of 
internal  revenues  for  twenty-five  years, 
met,  as  was  but  natural,  with  the  great 
est  opposition.  Congress,  satisfied,  at 
length,  that  a  general  compliance  with 
this  part  of  the  system  was  not  to  be 
expected,  confined  their  requests  to 
that  relating  to  duties  on  imports. 
Under  the  influence  of  the  urgent  and 
solemn  representations  made  by  Con 
gress,  of  the  deplorable  condition  of 
the  United  States,  in  regard  to  its  abil 
ity  to  maintain  public  faith  at  home 
and  abroad,  all  the  states,  before  or 
during  the  year  1786,  complied  with 
this  part  of  the  system,  New  York 
being  the  sole  exception.* 

*  In  February,  1786,  in  a  report,  drawn  up  by 
Rufus  King,  in  behalf  of  the  committee  of  the  public 
revenue,  it  is  stated :  "  the  requisitions  of  Congress 
for  eight  years  past,  have  been  so  irregular  in  their 
operations,  so  uncertain  in  their  collection,  and  so 
evidently  unproductive,  that  a  reliance  on  them  in 
future,  as  a  source  whence  moneys  arc  to  be  drawn 
to  discharge  the  engagements  of  the  Confederacy,  defi 
nite  as  they  are  in  time  and  amount,  would  be  not 
less  dishonorable  to  the  understandings  of  those  who 
entertain  such  confidence,  than  it  would  be  danger 
ous  to  the  welfare  and  peace  of  the  Union.  The 
Committee  are  therefore  seriously  impressed  with 
the  indispensable  obligation,  that  Congress  are  un 
der,  of  representing  to  the  immediate  and  impartial 
consideration  of  the  several  states,  the  utter  impos 
sibility  of  maintaining  and  preserving  the  faith  of 
the  federal  government,  by  temporary  requisitions  on 
the  states,  and  the  consequent  necessity  of  an  early 
and  complete  accession  of  all  the  states  to  the  reve 
nue  system  of  the  18th  of  April,  1783." 


190 


THE  THREE  YEARS  AFTER  THE  WAR, 


[BK.  IV. 


The  operation  of  the  acts,  passed  by 
some  of  the  states,  however,  depended 
on  similar  acts  from  the  others.  The 
state  of  New  York,  instead  of  vesting 
Congress  with  the  power  of  levying 
the  duties,  reserved  this  right  to  itself, 
agreeably  to  a  law  passed  in  1784; 
and  also  refused  to  make  the  collectors 
amenable  to,  and  removable  by  Con 
gress. 

We  may  mention  here,  that,  as  the 
assent  of  New  York  only  was  wanting 
to  this  part  of  the  plan,  Congress  ear 
nestly  requested  Governor  Clinton  to 
convene  the  legislature,  for  the  purpose 
of  making  their  law  conformable  to 
those  of  other  states.  The  executive 
of  that  state,  however,  declined  com 
plying  with  the  request,  alleging,  that, 
by  the  constitution  of  New  York,  he 
could  only  convene  the  legis 
lature  on  extraordinary  occa 
sions  j  and  as  the  subject  had  recently 
been  before  that  body,  and  received 
their  determination,  such  an  occasion 
did  not  exist.  To  a  second,  and  more 
earnest  application,  in  August,  1786, 
he  made  the  same  reply. 

While  this  system  of  revenue  was 
under  the  consideration  of  the  states, 
Congress  could  do  nothing  more  than 
make  requisitions,  and  these  were  not 
complied  with.  The  requisitions  for 
the  payment  of  the  interest  of  the 
domestic  debt,  from  1782  to  1786, 
amounted  to  more  than  $6,000,000 ; 
yet,  of  this  sum,  up  to  March  31st, 
1787,  according  to  the  report  of  the 
Board  of  Treasury,  about  one  million 
only  was  paid.  The  interest  of  the 
domestic  debt,  therefore,  was  unpaid ; 
and  the  money  borrowed  in  Europe, 


1786. 


was  applied  to  the  payment  of  interest 
on  foreign  loans.  In  this  position  of 
affairs,  the  domestic  debt  was  deemed 
of  so  little  value,  as  to  be  frequently 
sold  for  about  one-tenth  of  its  nominal 
amount. 

The  subject  of  commercial  inter 
course  with  foreign  nations,  engaged 
the  attention  of  Congress  at  an  early 
day  after  the  ratification  of  the  defin 
itive  treaty  of  peace.  Beside  the 
smaller  states  of  Europe,  it  was  de 
clared  to  be  important,  to  establish 
treaties  with  Spain,  Prussia,  Russia, 
etc.,  and  several  provisions  were  de 
termined  upon,  calculated  to  lessen  the 
distresses  and  calamities  of  war,  with 
respect  to  fishermen,  agriculturists, 
mechanics,  and  the  like,  who  were  not 
to  be  molested  by  either  of  the  con 
tending  parties. 

In  the  treaty  between  the  United 
States  and  Prussia,  concluded  in  the 
year  1785,  these  principles  were  carried 
into  operation ;  and  similar  privileges 
and  exemptions  were  extended  to  all 
women  and  children,  and  to  scholars.* 
The  duration  of  all  the  treaties  was  to 
be  limited  to  ten  years,  except  in  par- 


*  This  treaty  is  the  more  remarkable,  as  coming 
from  the  quarter  whence  it  did,  and  containing  the 
provisions  which  were  in  it.  Dr.  Franklin  was 
greatly  pleased  with  the  treaty;  Washington,  also, 
writing,  in  1786,  to  the  Count  de  Rochambeau,  com 
mended  it  highly :  u  The  treaty  of  amity,  which  has 
lately  taken  place  between  the  king  of  Prussia  and 
the  United  States,  marks  a  new  era  in  negotiation. 
It  is  the  most  liberal  treaty  which  has  ever  been  en 
tered  into  between  independent  powers.  It  is  per 
fectly  original  in  many  of  its  articles ;  and,  should  its 
principles  be  considered  hereafter,  as  the  basis  of 
connection  between  nations,  it  will  operate  more 
fully  to  produce  a  general  pacification,  than  any 
measure  hitherto  attempted  among  mankind." 


Cn.  I.] 


COMMERCIAL  RELATIONS  WITH  ENGLAND. 


191 


1785. 


ticular  cases,  but  in  no  case,  to  exceed 
fifteen.  This  was  a  very  wise 
provision  for  a  new  and  grow 
ing  country.  The  American  ministers 
were,  also,  particularly  instructed  in 
any  negotiations  with  Spain,  not  to  re 
linquish,  or  cede,  in  any  event  what 
ever,  the  right  of  freely  navigating  the 
River  Mississippi,  from  its  source  to  the 
Ocean.  John  Adams,  Dr.  Franklin, 
and  Mr.  Jefferson,  were  authorized  to 
make  and  receive  propositions  for  such 
treaties,  for  the  term  of  two  ye  are. 
Their  efforts,  however,  were  almost 
entirely  fruitless  in  results. 

The  American  commissioners  at 
Paris,  in  1783,  were  unable  to  agree 
with  the  British  negotiator,  in  any 
commercial  arrangement  between  their 
respective  countries.  Each  nation  was, 
therefore,  left  to  make  its  own  regu 
lations.  In  March,  1783,  William  Pitt, 
then  chancellor  of  the  exchequer, 
brought  into  the  House  of  Commons,  a 
bill  for  the  temporary  regulation  of 
commerce  between  Great  Britain  and 
the  United  States,  founded  upon  very 
liberal  principles.  This  bill,  after  stat 
ing  the  new  situation  in  which  the 
people  of  the  United  States  were 
placed,  declared :  "  And,  whereas,  it 
is  highly  expedient,  that  the  inter 
course  between  Great  Britain  and  the 
said  United  States,  should  be  estab 
lished  on  the  most  enlarged  principles 
of  reciprocal  benefit  to  both  countries, 
but  from  the  distance  between  Great 
Britain  and  America,  it  must  be  a  con 
siderable  time  before  any  convention 
or  treaty  for  establishing  and 
resTilatms;  the  trade  and  inter- 

O  O 

course  between  Great  Britain  and  the 


said  United  States  of  America,  upon  a 
permanent  foundation,  can  be  con 
cluded  : — 

"  Now  for  the  purpose  of  making  a 
temporary  regulation  of  the  commerce 
and  intercourse  between  Great  Britain 
and  the  said  United  States  of  Amer 
ica,  and  in  order  to  evince  the  dispo 
sition  of  Great  Britain,  to  be  on  terms 
of  the  most  perfect  amity  with  the  said 
United  States  of  America,  and  in  con 
fidence  of  a  like  friendly  disposition  on 
the  part  of  the  United  States  towards 
Great  Britain,  be  it  further  enacted, 

that  from  and  after  the 

the  ships  and  vessels  of  the  subjects 
and  citizens  of  the  said  United  States 
of  America,  with  the  merchandize  and 
goods  on  board  the  same,  shall  be  ad 
mitted  into  all  the  ports  of  Great  Britain, 
in  the  same  manner  as  the  ships  and 
vessels  of  the  subjects  of  other  inde 
pendent  sovereign  states ;  but  the  mer 
chandize  and  goods  on  .board  such 
ships"  or  vessels  of  the  subjects  or  citi 
zens  of  the  said  United  States,  being 
of  the  growth,  produce,  or  manufac 
ture  of  the  said  United  States,  shall  be 
liable  to  the  same  duties  and  charges 
only,  as  the  same  merchandizes  and 
goods  would  be  subject  to,  if  they  were 
the  property  of  British  subjects,  and 
imported  in  British  built  ships  or  ves 
sels,  navigated  by  British  natural  born 
subjects." 

This  bill,  also,  placed  the  intercourse 
between  the  United  States  and  the 
British  American  colonies,  on  a  footing 
equally  liberal. 

"  And  be  it  further  enacted,  that 
during  the  time  aforesaid,  the  ships 
and  vessels  of  the  subjects  and  citizens 


192 


[BK.  IV 


of  the  said  United  States  shall  be  ad 
mitted  into  the  ports  of  his  majesty's  isl 
ands,  colonies  and  plantations  in  Amer 
ica,  with  any  merchandises  or  goods,  of 
the  growth,  produce,  or  manufactures  of 
the  territories  of  the  aforesaid  United 
States,  with  liberty  to  export  from  his 
said  majesty's  islands  in  America,  to 
the  said  territories  of  the  said  United 
States,  any  merchandises  or  goods 
whatsoever ;  and  such  merchandises  or 
goods,  which  shall  be  so  imported  into, 
or  exported  from,  the  said  British 
islands,  colonies,  or  plantations  in 
America,  shall  be  liable  to  the  same 
duties  and  charges  only,  as  the  same 
merchandises  and  goods  would  be  sub 
ject  to,  if  they  were  the  property  of 
British  natural  born  subjects,  and  im 
ported,  or  exported,  in  British  built 
ships,  or  vessels,  navigated  by  British 
seamen. 

"  And  be  it  further  enacted,  that 
during  all  the  time  herein  before  lim 
ited,  there  shall  be  the  same  draw 
backs,  exemptions,  and  bounties  on 
merchandises  and  goods  exported  from 
Great  Britain  into  the  territories  of  the 
said  United  States  of  America,  as  are 
allowed  in  the  case  of  exportation  to 
the  islands,  plantations,  or  colonies, 
now  remaining,  or  belonging  to  the 
crown  of  Great  Britain,  in  America."* 

It  is  much  to  be  regretted,  that  this 
bill  was  not  adopted ;  for  had  it  been 
so,  it  would  have  laid  the  foundation 
of  peace  and  harmony,  from  the  begin 
ning,  between  the  two  countries,  and 
would  have  prevented  very  serious  dis- 


*  Sec  Pitkin's  "  Civil  and  Political  History  of  the 
United  States,"  vol.  ii.,  pp.  185-88. 


putes  and  differences,  to  say  nothing 
of  wounded   feelings  and  sus- 

T  .   -,  1783. 

picions  which  subsequently  oc 
curred  in  connection  with  this  subject. 
The  bill  of  Mr.  Pitt  was  violently  op 
posed  by  the  navigating  interest,  un 
der  the  mistaken  notion,  that  it  was  an 
encouragement  to  the  American  ma 
rine  interest,  at  the  expense  of  that  of 
England ;  and  the  power  of  regulating 
commercial  intercourse  between  the 
United  States  and  Great  Britain  and 
her  dependencies,  was  committed  to 
the  king  and  council.* 

Orders  in  council  were  issued  in 
July,  IT 8 3,  in  accordance  with  the  pro 
visions  of  the  act  of  Parliament.  Amer 
ican  vessels  were  thereby  entirely  ex 
cluded  from  the  British  West  Indies  ; 
and  certain  articles,  such  as  fish,  beef, 
pork,  etc.,  were  not  allowed  to  be  car 
ried  there,  even  in  British  bottoms. 
This  prohibition,  we  may  state  in  this 
connection,  was  continued  by  tem 
porary  acts,  until  1788,  when  it  was 
permanently  established  by  act  of  Par 
liament. 


*  The  Observations  of  Lord  Sheffield,  on  the  com 
merce  of  the  American  states,  are  quoted  at  large  by 
Pitkin,  and  are  well  worthy  of  being  examined,  as 
illustrative  of  the  policy  of  British  statesmen,  and 
their  conviction,  that  the  union  of  the  states  would 
never  result  in  any  thing  like  a  firm,  vigorous  gov 
ernment,  calculated  to  be  respected  abroad,  and  effec 
tive  at  home.  Predicting  anarchy  and  confusion,  as 
likely  to  prevail,  and  thinking,  with  the  sagacity  of 
men  of  his  day  and  stamp,  that  in  case  of  a  renewal 
of  hostilities,  a  few  stout  frigates,  cruising  on  the 
coast,  would  be  all-sufficient  to  command  the  com 
merce  of  the  continent,  his  lordship  declares,  that 
"  at  present,  the  only  part  Britain  should  take,  is  most 
simple,  and  perfectly  sure.  If  the  American  states 
choose  to  send  consuls,  receive  them,  and  send  a  con 
sul  to  each  state.  Each  state  will  soon  enter  into  all 
necessary  regulations  with  the  consul,  and  this  is  the 
whole  that  is  necessary." 


Cn.  I.] 


COMMERCIAL  AND   OTHER  DIFFICULTIES. 


1784. 


It  was  evident,  from  these  and  other 
regulations,  and  from  the  fact,  that  ob 
stacles  were  thrown  in  the  way  of  the 
commerce  of  the  United  States,  in  nu 
merous  other  quarters,  that  Congress 
ought  to  possess  the  necessary  power 
to  establish  navigation  acts,  or  acts 
countervailing  the  commercial  regula 
tions  of  foreign  nations.  On  the  30th 
of  April,  1784,  therefore,  they  recom 
mended  to  the  states,  to  vest 
the  general  government,  for 
the  term  of  fifteen  years,  with  power  to 
prohibit  any  goods  being  imported 
into,  or  exported  from,  the  United 
States,  in  vessels  belonging  to,  or  nav 
igated  by,  the  subjects  of  any  power, 
with  whom  the  United  States  had  not 
formed  commercial  treaties ;  and  also, 
with  the  power  of  prohibiting,  for  the 
same  term,  the  subjects  of  any  foreign 
nation,  unless  authorized  by  treaty, 
from  importing  into  the  United  States 
any  goods  or  merchandise,  not  the 
produce  or  manufacture  of  the  domin 
ions  of  the  sovereign,  whose  subjects 
they  were.  Though  Congress  declared 
to  the  states,  that,  unless  vested  with 
powers  competent  to  the  protection  of 
commerce,  they  could  never  command 
reciprocal  advantages,  and  that  the 
trade  of  the  United  States  must  go 
into  the  hands  of  foreigners ;  yet,  ob 
vious  as  these  truths  were,  the  strange 
suspicions  and  jealousies  prevailing  in 
the  states,  prevented  the  grant  of  the 
powers  asked  for,  on  the  part  of  the 
general  government.  Some  of  the 
states  themselves  passed  laws  counter 
vailing  the  regulations  respecting  the 
West  India  trade,  by  imposing  higher 
tonnage  duties,  on  British  vessels,  than 


on  their  own  or  those  of  other  nations, 
as  well  as  higher  duties  on  goods  im 
ported  in  British  bottoms.  Massa 
chusetts,  indeed,  prohibited  the  trans 
portation  of  any  goods,  wares,  or  mer 
chandise,  the  growth  or  produce  of  the 
United  States,  iti  British  ships.  But 
as  these  acts  were  neither  uniform,  nor 
permanent,  little  benefit  was  derived, 
or  could  be  expected  from  them ;  and 
the  Massachusetts  act  was  soon  re 
pealed. 

Commercial  and  revenue  difficulties 
were  not  the  only  ones  that  harassed 
and  annoyed  the  national  government. 
Scarcely  had  the  war  of  the  Revolu 
tion  been  brought  to  its  close,  when 
the  United  States  and  Great  Britain 
reciprocally  charged  each  other  with 
violations  of  the  treaty  of  peace.  A 
serious  difference  of  opinion  prevailed, 
on  the  construction  of  that  part  of  the 
seventh  article,  which  stipulates  against 
the  "  destruction,  or  carrying  away  of 
any  negroes,  or  other  property  of  the 
American  inhabitants."  In  addition 
to  this  circumstance,  the  troops  of  his 
Britannic  majesty  still  retained  posses 
sion  of  the  posts  on  the  American  side 
•of  the  great  lakes.  This  gave  them  a 
decided  influence  over  the  warlike 
tribes  of  Indians  in  their  neighbor 
hood,  and  was  a  point  on  which  the 
United  States  were  peculiarly  sensitive. 

On  the  other  hand,  the  United  States 
were  charged  with  infringing  the  fourth, 
fifth,  and  sixth  articles,  which  contain 
agreements  respecting  the  payment  of 
debts,  the  confiscation  of  property,  and 
prosecution  of  individuals,  for  the  part 
taken  by  them  during  the  war.  Con 
gress,  in  January,  1784,  passed  a  reso- 


194 


THE  THREE  YEARS  AFTER  THE  WAR. 


[BK.  IV. 


lution,  and  transmitted  it  directly  to 
the  states,  on  the  subject  of  confiscated 
property.  This  was  recommendatory  ; 
but  the  collection  of  debts  was  ex 
pressly  stipulated  in  the  treaty ;  and  a 
neglect,  or  hindrance  in  this  particu 
lar,  caused  much  complaint,  and  pro 
duced  no  little  irritation  on  both  sides. 
At  the  commencement  of  the  war, 
£3,000,000  sterling  were  due  from  the 
inhabitants  of  the  colonies  to  British 
merchants.  When  peace  came,  it  was 
found  that  the  laws  of  five  states,  either 
prohibited  the  recovery  of  the  prin 
cipal,  or  suspended  its  collection,  or 
prohibited  the  recovery  of  interest,  or 
made  land  a  good  payment  in  place 
of  money.  These  state  laws  neces 
sarily  produced  great  trouble,  for  Con 
gress  having  no  means  to  enforce  the 
obligations  of  the  treaty  of  peace, 
could  only  recommend  a  repeal  of  all 
such  laws  as  interfered  with  the  pro 
visions  of  the  treaty.  This  treaty,  as 
Mr.  Curtis  well  remarks,  "  could  not  ex 
ecute  itself.  It  was  made,  on  the  one 
side,  by  a  power  capable  of  perform 
ing,  but  also  capable  of  waiting  for  the 
performance  of  the  obligations  which 
rested  upon  the  other  contracting 
party.  On  the  other  side,  it  was 
made  by  a  power  possessed  of  very 
imperfect  means  of  performance,  yet 
standing  in  constant  need  of  the  bene 
fit  which  a  full  compliance  with  its 
obligations  would  insure.  After  the 
lapse  of  three  years  from  the  signa 
ture  of  the  preliminary  articles,  and  of 
more  than  two  years  from  that  of  the 
definitive  treaty,  the  military  posts  in 
the  western  country,  were  still  held  by 
British  garrisons,  avowedly  on  account 


17§5. 


of  the  infractions  of  the  treaty  on  our 
part."* 

In  consequence  of  these  perplexing 
dissensions  and  disputes,  which  seemed 
to  be  increasing  in  acerbity  and  diffi 
culty  of  settlement,  Congress,  early  in 
1785,  determined  to  send  a  minister- 
plenipotentiary  to  Great  Britain.  John 
Adams,  who  was  at  the  time  in  France, 
was  appointed,  in  February,  and  in 
May,  arrived  in  London,  to  enter  upon 
his  duties.  His  instructions  were: 
"  You  are  in  a  respectful,  but 
firm  manner,  to  insist,  that  the 
United  States  be  put,  without  further 
delay,  into  possession  of  all  the  posts 
and  territories  within  their  limits, 
which  are  now  held  by  British  gar 
risons  ;  and  you  will  take  the  earliest 
opportunity  of  transmitting  the  answer 
you  may  receive  to  this  requisition. 

"  You  will  remonstrate  against  the 
infraction  of  the  treaty  of  peace,  by 
the  exportation  of  negroes  and  other 
American  property,  contrary  to  the 
stipulations  on  that  subject,  in  the 
seventh  article  of  it.  Upon  this  head, 
you  will  be  supplied  with  various  au 
thentic  papers  and  documents,  particu 
larly  the  correspondence  between  Gen 
eral  Washington  and  others  on  the 
one  part,  and  Sir  Guy  Carleton,  on  the 
other. 

"  You  will  represent  to  the  British 
ministry,  the  strong  and  necessary  ten 
dency  of  their  restrictions  on  our  trade, 
to  incapacitate  our  merchants,  in  a  cer 
tain  degree,  to  make  remittances  to 
them. 


*  Curtis's  "  History  of  the  Constitution"  vol.,  L, 
pp.  253-56. 


•'0 


Cn.  I.] 


JOHN   ADAMS  MINISTER  TO   ENGLAND. 


195 


"  You  will  represent  in  strong  terms, 
the  losses  which  many  of  our,  and 
also  of  their  merchants,  will  sustain,  if 
the  former  be  unreasonably  and  im 
moderately  pressed  for  the  payment 
of  debts  contracted  before  the  war. 
On  this  subject,  you  will  be  furnished 
with  papers,  in  which  it  is  amply  dis 
cussed." 

Mr.  Jefferson  was  soon  after  appoint 
ed  to  represent  the  United  States,  at 
the  court  of  Versailles,  in  the  room,  of 
Dr.  Franklin,  who  had  leave  to  return 
home,  after  an  absence  of  nine  years. 
Mr.  Livingston  having  resigned  the 
office  of  secretary  for  foreign  affairs, 
Mr.  Jay,  in  March,  1*784,  and  before 
his  return  from  Europe,  was  appointed 
in  his  place. 

The  appearance  of  Mr.  Adams,  as 
the  first  minister  of  an  independent 
nation,  but  recently  in  subjection  to 
England,  must  have  been  as  full  of  in 
terest  as  it  was  of  novelty.  The  ac 
count  of  his  reception,  written  by  him 
self,  is  worthy  of  perusal.*  The 
American  minister  was  received  with 
all  the  usual  forms  of  courtesy,  although 
it  is,  at  the  same  time,  well  known,  how 
reluctantly  George  III.  gave  way  to 
a  necessity,  which  even  his  stubborn 
will  could  no  longer  resist.  It  is  diffi 
cult  to  estimate  the  evil  effect  which 
was  produced  by  the  coolness,  indiffer 
ence,  and  contemptuous  neglect,  with 
which  the  youthful  republic  was  treat 
ed.  Equally  ignorant  and  unwise,  in 
respect  to  the  position  and  prospects 
of  America,  the  statesmen  of  England 


*  See  " Life  and  Works  of  Jolin  Adams"  vol.  i., 
pp.  418-20;  vol.  vii.,  pp.  405,  etc. 


preferred  to  act  with  a  sort  of  insulting 
haughtiness,  rather  than  to  pursue  the 
more  noble  course,  of  binding  the  new 
republic  to  them  by  the  chains  of  cor 
dial  good  will  and  generous  kindness. 
"Throughout  the  whole  political  his 
tory  of  Great  Britain,"  as  the  grand 
son  of  John  Adams  forcibly  remarks, 
"  this  marked  fault  may  be  traced  in 
its  relations  with  foreign  nations,  but  it 
never  showed  itself  in  more  striking 
colors,  than  duriiiGT  the  first  half  cen- 

/  o 

tury  after  the  independence  of  the 
United  States.  The  effects  of  the  mis 
take  then  committed,  have  been  per 
ceptible  ever  since.  Mr.  Jefferson,  who 
soon  joined  Mr.  Adams  in  London,  for 
the  purpose  of  carrying  out,  in  the  case 
of  the  British  government,  the  pt>wers 
vested  in  the  commission  to  negotiate 
commercial  treaties,  has  left  his  testi 
mony  of  the  treatment  he  met  with  at 
court.  The  king  turned  his  back  upon 
the  American  commissioners,  a  hint 
which,  of  course,  was  not  lost  upon  the 
circle  of  his  subjects  in  attendance. 
Who  can  measure  the  extent  of  the  in 
fluence  which  even  so  trifling  an  insult, 
at  this  moment,  may  have  had,  in  mod 
ifying  the  later  opinions  of  the  two 
men,  who  were  subjected  to  it?  And, 
in  view  of  their  subsequent  career  in 
the  United  States,  who  can  fail  to  see 
how  much  those  opinions  have  done,  to 
give  to  America  the  impressions  re 
specting  Great  Britain  that  have  pre 
vailed  down  to  this  day?  Often  has 
it  happened,  that  the  caprices  of  men 
in  the  highest  stations,  have  produced 
more  serious  effects  upon  the  welfare 
of  millions  than  the  most  elaborate 
policy  of  the  wisest  statesmen." 


196 


THE  THREE  YEARS  AFTER  THE  WAR. 


[Bic.  IV. 


1785. 


Iii  December,  1785,  Mr.  Adams  pre 
sented  a  memorial  to  the  British,  secre 
tary  of  state,  in  winch,  after  stating  the 
detention  of  the  western  posts,  con 
trary  to  the  stipulations  in  the  treaty 
of  peace,  he,  in  the  name,  and  in  "be 
half,  of  the  United  States,  required, 
"that  all  his  majesty's  armies 
and  garrisons  be  forthwith  with 
drawn  from  the  said  United  States, 
from  all  and  every  of  the  posts  and 
fortresses  before  enumerated,  and  from 
every  port,  place  and  harbor,  within 
the  territory  of  the  said  United  States, 
according  to  the  true  intention  of  the 

O 

treaties." 

To  this  memorial  the  British  secre 
tary,  Lord  Carmarthen,  returned  an 
answer,  on  the  28th  of  February,  1786, 
in  which  he  acknowledges  the  deten 
tion  of  the  posts,  but  alleges  a  breach 
of  the  f6urth  article  of  the  treaty  of 
peace,  on  the  part  of  the  United  States, 
by  interposing  impediments  to  the  re 
covery  of  British  debts  in  America. 
"The  little  attention,"  says  the  secre 
tary,  "  to  the  fulfilling  this  engagement 
on  the  part  of  the  subjects  of  the  United 
States  in  general,  and  the  direct  breach 
of  it  in  many  particular  instances,  have 
already  reduced  many  of  the  king's 
subjects  to  the  utmost  degree  of  diffi 
culty  and  distress ;  nor  have  their  ap 
plications  for  redress,  to  those  whose 
situation  in  America  naturally  pointed 
them  out  as  the  guardians  of  public 
faith,  been  as  yet  successful  in  attain 
ing  them  that  justice,  to  which,  on 
every  principle  of  law,  as  well  as  hu 
manity,  they  were  clearly  and 
indisputably  entitled."  His 
lordship  concluded  with  the  assurance, 


"that  whenever  America  shall  mani 
fest  a  real  determination  to  fulfil  her 
part  of  the  treaty,  Great  Britain  will 
not  hesitate  to  prove  her  sincerity  to 
co-operate  in  whatever  points  depend 
upon  her,  for  carrying  every  article  of 
it  into  real  and  complete  effect."  Ac 
companying  this  answer,  was  a  state 
ment  of  various  particulars,  in  which 
several  of  the  articles  of  the  treaty 
had  not  been  adhered  to  by  the  states. 
Copies  of  these  documents  were  im 
mediately  transmitted  to  Congress,  by 
whom  they  were  referred  to  Mr.  Jay, 
the  secretary  for  foreign  affairs.  That 
able  and  upright  minister  could  not 
but  acknowledge,  that  the  treaty  had 
been  violated  by  the  United  States  in 
several  particulars,  and  Congress  was 
compelled  to  feel  again  its  entire 
inability  to  insist  upon  the  exact  ob 
servance  of  the  treaty,  on  the  part  of 
Great  Britain,  seeing  that  they  them 
selves  were  powerless,  to  enforce  its  pro 
visions  by  the  United  States.  "  What 
a  misfortune  it  is,"  said  Washington, 

/  O 

writing  to  John  Jay,  "  that  the  British 
should  have  so  well  grounded  a  pre 
text  for  their  palpable  infractions,  and 
what  a  disgraceful  part,  out  of  the 
choice  of  difficulties  before  us,  are  we 
to  act !" 

Congress  passed  resolves,  that  any, 
and  every  state  law,  which  conflicted 
with  the  treaty,  ought  to  be  repealed ; 
and,  in  a  circular  letter  to  the  states, 
said,  "  We  have  deliberately  and  dis 
passionately  examined  and  considered 
the  several  facts  and  matters  urged  by 
Great  Britain,  as  infractions  of  the 
treaty  of  peace,  on  the  part  of  Amer 
ica,  and  we  regret,  that,  in  some  of  the 


Ca.  I.] 


DIPLOMATIC  DIFFICULTIES  WITH  SPAIN. 


states,  too  little  attention  lias  been  paid 
to  the  public  faith  pledged  by  the 
treaty."  Most  of  the  states  adopted 
the  recommendation  of  Congress,  to 
repeal  laws  or  acts  conflicting  with  the 
obligations  of  the  United  States,  in  re 
spect  to  the  treaty  of  peace.  The  ope 
ration  of  the  act  passed  in  Virginia, 
however,  which  repealed  all  acts  pre 
venting  the  recovery  of  debts  due  to 
British  subjects,  was  suspended,  until 
the  governor  of  that  state  should  issue 
a  proclamation,  giving  notice,  that 
Great  Britain  had  delivered  up  the 
western  posts ;  and  was  also  taking 
measures,  for  the  further  fulfilment  of 
the  treaty  of  peace,  by  delivering  up 
the  negroes  belonging  to  the  citizens 
of  that  state,  carried  away,  contrary  to 
the  seventh  article  of  the  treaty,  or  by 
making  compensation  for  the  same. 

The  question  thus  remained  unset 
tled  ;  the  matters  in  dispute  were  still 
open ;  and  the  British,  continuing  to 
hold  the  western  posts,  inflamed  the 
hostile  temper  of  the  Indian  tribes, 
irritated,  and  vexed  the  Americans, 
and  hindered  materially  the  filling  up 
of  the  vacant  fertile  regions  in  the 
vicinity  of  the  Great  Lakes.* 

Mr.  Adams,  finding  it  impossible  to 
effect  a  commercial  treaty  with  Great 
Britain,  on  any  thing  like  favorable 
terms,  and  the  British  court  declining 
to  send  a  minister  to  the  United  States, 


*  We  may  mention  here,  that  in  November,  1785, 
a  treaty  was  concluded  with  the  Cherokees,  by  which 
they  acknowledged  themselves  to  be  under  the  pro 
tection  of  the  United  States,  and  renounced  all  other 
sovereignty.  The  same  commissioners  concluded  a 
similar  treaty  with  the  Choctaws,  early  in  January, 
1786. 

.VOL.  II.— 25 


asked,  and  obtained  leave  to  return 
home,  in  1787.  Congress,  at  the  same 
time,  passed  a  resolution,  expressing 
their  high  sense  of  the  services  which 
Mr.  Adams  had  rendered  to  the  United 
States,  in  the  execution  of  the  various 
and  important  trusts,  from  time  to  time 
committed  to  him,  and  presenting  their 
thanks  to  him  for  the  patriotism,  per 
severance,  integrity,  and  diligence  with 
which  he  had  ably  and  faithfully  served 
his  country. 

In  addition  to  these  difficulties  with 
Great  Britain,  serious  differences  were 
found  to  exist  between  the  United 
States  and  Spain.  This  latter  power 
signified  to  Congress,  in  November, 
1784,  that,  until  the  limits  of  Louis 
iana  and  the  two  Floridas  should  be 
settled  and  determined,  Spain  would, 
on  no  conditions,  allow  the  free 
navigation  of  the  Mississippi. 
In  order  to  adjust  the  questions  in  dis 
pute,  Congress  resolved  to  send  Mr. 
Jay,  secretary  of  foreign  affairs,  to 
Spain;  but  Don  Diego  Guardoqui, 
having  arrived  in  the  summer  of  1785, 
in  the  United  States,  as  minister  from 
Spain,  the  negotiations  were  carried 
on  at  home. 

Mr.  Jay  was  specially  instructed,  to 
insist  upon  the  right  of  the  United 
States  to  their  territorial  bounds,  and 
the  free  navigation  of  the  Mis 
sissippi,  from  its  source  to  the 
ocean,  as  established  in  their  treaty 
with  Great  Britain.  A  long  negotia 
tion  ensued.  M.  Guardoqui  was  res 
olute  on  the  point  of  not  conceding  the 
free  navigation  of  the  great  river  of 
the  west ;  but  offered  very  favorable 
terms  for  a  commercial  treaty  with 


17S4. 


1785. 


108 


THE  THREE  YEARS  AFTER  THE  WAR, 


[BK.  IV. 


Spain.*  Congress  was  much  divided 
on  the  subject  before  them.  There 
were  many  and  strong  reasons  in  favor 
of  entering  into  such  an  arrangement, 

O  O 

as  would  open  the  ports  of  Spain  to 
the  American  shipping;  and  it  was 
felt,  that  if  Spain  persisted  in  the 
stand  she  had  taken  in  regard  to  the 
Mississippi,  there  was  no  alternative  of 
settlement,  but  yielding  it  up,  or  going 
to  war.  Washington,  and  other  patri 
ots,  not  esteeming  this  point  as  of 
prime  importance  at  that  date,  were 
disposed  to  waive  the  right  which  they 
claimed,  for  twenty-five  or  thirty  years, 
and  conclude  a  commercial  treaty  at 
once.  It  was  thought,  that,  as  the  right 

O          '  O 

was  not  given  up,  the  question  might 
be  reopened  on  favorable  terms,  on 
the  expiration  of  the  time  to  be  named 
in  the  treaty.  Accordingly,  Mr.  Jay's 
instructions,  not  to  yield  on  this  point, 
having  been  rescinded  by  a  vote  of 
seven  states  against  five,  an  agreement 
was  entered  into  with  the  Span 
ish  minister,  suspending  the  use 
of  the  Mississippi,  without  relinquish 
ing  the  right  asserted  by  the  United 
States. 

Meanwhile,  the  valley  of  the  West, 
that  vast  region,  out  of  which  new  and 
powerful  states  were  to  be  forme d,f 
was  filling  up  with  great  rapidity,  and 
the  people'  of  that  fertile  region  were 
roused  and  alarmed,  by  an  apprehen- 

*  Consult  Pitkin's  "  Political  and  Civil  History  of 
the  United  States,"  vol.  ii.,  p.  202,  etc. 

t  For  an  abstract  of  the  arrangement  adopted  by 
Congress,  in  1784,  for  the  temporary  government  of 
the  large  territory  which  had  corne  under  their 
charge  by  the  cession,  on  the  part  of  the  states,  of  the 
western  lands,  see  llolmes's  "  Annalx"  vol.  ii.,  pp. 
854-56. 


17*6. 


sion,  that  their  interests  were  about  TO 
be  sacrificed  to  the  commercial  policy 
of  the  Atlantic  states.  In  June,  1786, 
a  seizure  was  made  by  the  Spanish  au 
thorities,  of  certain  American  prop 
erty,  on  its  way  down  the  river,  for 
shipment,  or  sale,  at  New  Orleans. 
The  news  of  this  procedure,  fired  the 
impetuous  spirits  of  the  West,  and  they 
were  little  disposed  to  allow  them 
selves  to  be  put  in  a  state  of  vassalage 
to  the  Spaniard.  Rather  than  this, 
they  would  march,  to  a  man,  and 
drive  the  intruders  into  the  sea ;  and, 
if  the  East  did  not  choose  to  sanction 
their  course,  and  join  them  in  it,  they 
were  ready  and  able  to  act  for  them 
selves,  and,  if  need  be,  to  form  an  in 
dependent  confederacy  of  their  own. 
Acts  of  retaliation  and  outrage  natu 
rally  followed ;  and  strong  and  urgent 
protests  were  made,  from  different 
quarters,  against  the  course  intend 
ed  to  be  pursued  by  Congress.  The 
delegates  from  North  Carolina,  intro 
duced  a  resolution,  asserting  the  clear, 
absolute,  and  inalienable  claim  of  the 
United^  States,  to  the  free  navigation 
of  the  Mississippi.  Mr.  Jay,  to  whom 
this  resolution  was  referred,  reported, 
that  the  negotiations  between  him  and 
the  Spanish  minister,  did  not  authorize 
any  statement,  such  as  seemed  to  have 
troubled  the  people  of  the  West,  and 
that  the  members  of  Congress  be  per 
mitted  to  contradict  it  positively.  He 
further  advised,  that,  as  the  new  gov 
ernment  was,  not  long  after,  to  go  into 
operation,  all  the  negotiations  on  this 
subject,  be  transferred  to  it.  Congress 
acted  in  accordance  with  this  report, 
and,  in  September,  1788,  passed  a  re- 


CH.  I.] 


WASHINGTON'S   INTEREST  IN   PUBLIC  AFFAIRS. 


199 


solve,  "  that  the  free  navigation  of  the 
River  Mississippi,  is  a  clear  and  essen 
tial  right  of  the  United  States,  and 
that  the  same  ought  to  be  considered 
and  supported  as  such." 

Washington,  who  had  retired  to  his 
farm,  and  was  busily  occupied  in  agri 
cultural  pursuits,  in  attending  to  the 
frequent  visits  of  friendship,  and  of 
ceremony,  made  to  him,  and  in  keep 
ing  up  an  extensive  and  important 
correspondence,  was  by  no  means  un 
interested  in  the  position  of  public 
affairs.  His  letters  show,  how  deep  an 
interest  he  took  in  the  unhappy  con 
dition  of  the  country,  and  how  ear 
nestly  he  entered  into  a  consideration 
of  what  seemed  to  be  the  best  way  in 
which  peace  and  prosperity  conld  be 
attained  and  secured.  In  the  autumn 
of  1784,  he  made  a  tour  in  the  western 
country,  and  strongly  urged  upon  the 
legislature  of  Virginia,  the  importance 
of  internal  navigation  and  intercourse 
with  the  western  states.  Towards  the 
close  of  the  same  year,  Lafayette  paid 
him  a  visit  of  love  and  esteem.  When 
they  parted,  it  was  with  mutually  ex 
pressed  hope,  that  they  might  meet 
again,  and  enjoy  the  pleasure  of  social 
and  fraternal  intercourse  ;  but  this  priv 
ilege  was  never  allotted  to  them.  La 
fayette  returned  to  his  native  laud, 
to  take  part  in  public  life,  and  to  en 
dure  his  share  in  suffering ;  and  it  was 
not  till  long  after  Washington's  death, 
that  Lafayette  was  enabled  to  revisit 
the  United  States,  and  pour  forth  his 
tears  upon  the  grave  of  his  beloved 
father  and  friend. 

Several  efforts  were  made  in  Penn 
sylvania  and  Virginia,  to  induce  Wash-  \ 


ington  to  depart  from  his  determina 
tion,  not  to  receive  any  pecuniary  re 
muneration  for  his  many  years  of  long 
and  arduous  public  service;  but  he 
firmly,  yet  courteously,  declined  every 
thing  of  the  kind.* 

An  extract  or  two  from  his  letters, 
at  this  date,  will  demonstrate  the  pro 
found  concern  which  filled  his  mind,  in 
view  of  the  state  of  public  affairs,  and 
the  need  of  an  efficient  and 
speedy  remedy  in  this  alarm 
ing  crisis.  "The  Confederation,"  says 
he,  writing  to  James  Warren,  of  Mas 
sachusetts,  in  October,  1785,  "appears 
to  me  to  be  little  more  than  a  shadow 
without  the  substance,  and  Congress  a 
nugatory  body,  their  ordinances  being 
little  attended  to.  To  me  it  is  a  sol 
ecism  in  politics  ;  indeed,  it  is  one  of 
the  most  extraordinary  things  in  na 
ture,  that  we  should  confederate  as  a 
nation,  and  yet  be  afraid  to  give  the 
rulers  of  that  nation,  who  are  the 
creatures  of  our  own  making,  appoint 
ed  for  a  limited  and  a  short  duration, 
and  who  are  amenable  for  every  ac 
tion,  recallable  at  any  moment,  and 
subject  to  all  the  evils  which  they  may 
be  instrumental  in  producing,  sufficient 
powers  to  order  and  direct  the  affairs 
of  the  same.  By  such  policy,  the 


*  Mr.  Sparks  gives  an  interesting  note  on  the  three 
principal  statues  of  Washington  which  were  executed 
hy  Houdon,  Canova,  and  Chantrcy,  three  of  the  most 
eminent  artists  of  modern  days.  M.  Ilondon  came 
from  France  in  the  same  vessel  with  Dr.  Franklin, 
and  in  October,  1785,  at  Mount  Vernon,  modelled 
the  bust  of  Washington  from  which  the  statue  was 
made  which  now  stands  in  the  capitol,  at  Richmond. 
Mr.  Sparks  is  of  opinion  that  this  "  is  undoubtedly 
the  best  representation  of  the  original  that  exists. "— • 
11  Life  of  Washington?  p.  390. 


200 


THE  THREE  YEARS  AFTER  THE  WAR, 


[BK.  IV. 


wheels    of   government   are    cl 

O  i 

and  our  brightest  prospects,  and  that 
high  expectation,  which  was  enter 
tained  of  us,  by  a  wondering  world, 
are  turned  into  astonishment ;  and 
from  the  high  ground  on  which  we 
stood,  we  are  descending  into  the  vale 
of  confusion  and  darkness.  That  we 
have  it  in  our  power  to  become  one 
of  the  most  respectable  nations  upon 
earth,  admits,  in  my  humble  opinion, 
of  no  doubt,  if  we  would  but  pursue  a 
wise,  just,  and  liberal  policy  towards 
one  another,  and  would  keep  good 
faith  with  the  rest  of  the  world.  That 
our  resources  are  ample,  and  increas 
ing,  none  can  deny ;  but  while  they 
are  grudgingly  applied,  or  not  applied 
at  all,  we  give  a  vital  stab  to  public 
faith,  and  will  sink  in  the  eyes  of  Eu 
rope  into  contempt." 

Writing  to  John  Jay,  Washington 
thus  expresses  himself:  "  Your  senti 
ments,  that  our  affairs  are  drawing  rap 
idly  to  a  crisis,  accord  with  my  own. 
What  the  event  will  be,  is  also 
beyond  the  reach  of  my  fore 
sight.  We  have  errors  to  correct ;  we 
have  probably  had  too  good  an  opin 
ion  of  human  nature,  in  forming  our 

/  .  O 

Confederation.  Experience  has  taught 
us,  that  men  will  not  adopt  and  carry 
into  execution,  measures  the  best  cal 
culated  for  their  own  good,  without 
the  intervention  of  coercive  power.  I 
do  not  conceive  we  can  subsist  long  as 
a  nation,  without  lodging  somewhere  a 
power  which  will  pervade  the  whole 
Union  in  as  energetic  a  manner,  as  the 
authority  of  the  state  governments  ex 
tends  over  the  several  states.  To  be 
fearful  of  investing  Congress,  consti- 


1785. 


tuted  as  that  body  is,  with  ample  au 
thorities  for  national  purposes,  appears 
to  me  the  very  climax  of  popular  ab 
surdity  and  madness.  Could  Congress 
exert  them  for  the  detriment  of  the 
people,  without  injuring  themselves  in 
an  equal  or  greater  proportion  ?  Are 
not  their  interests  inseparably  con 
nected  with  those  of  their  constitu 
ents  ?  By  the  rotation  of  appoint 
ment,  must  they  not  mingle  frequently 
with  the  mass  of  citizens  ?  Is  it  not 
rather  to  be  apprehended,  if  they  were 
possessed  of  the  powers  before  de 
scribed,  that  the  individual  members 
would  be  induced  to  use  them  on 
many  occasions,  very  timidly  and  in- 
efficaciously,  for  fear  of  losing  their 
popularity  and  future  election  ?  We 
must  take  human  nature  as  we  find  it ; 
perfection  falls  not  to  the  share  of 
mortals.  Many  are  of  opinion,  that 
Congress  have  too  frequently  made  use 
of  the  suppliant  humble  tone  of  requi 
sition,  in  applications  to  the  states, 
when  they  had  a  right  to  assert  their 
imperial  dignity,  and  command  obedi 
ence.  Be  that  as  it  may,  requisitions 
are  a  perfect  nullity,  where  thir 
teen  sovereign,  independent,  6/w-united 
states,  are  in  the  habit  of  discussing, 
and  refusing,  or  complying  with  them, 
at  their  option.  Requisitions  are  ac 
tually  little  better  than  a  jest  and  a 
by-word  throughout  the  land.  If  you 
tell  the  legislatures,  they  have  violated 
the  treaty  of  peace,  and  invaded  the 
prerogatives  of  the  Confederacy,  they 
will  laugh  in  your  face.  What,  then, 
is  to  be  done  ?  Things  cannot  go  on 
in  the  same  train  forever.  It  is  much 
to  be  feared,  as  you  observe,  that  the 


C.i.  I.] 


IMPORTANCE   OF  THE   PUBLIC   LANDS. 


201 


IT  85. 


better  kind  of  people,  being  disgusted 
with  these  circumstances,  will  have 
their  minds  prepared  for  any  revolu 
tion  whatever.  We  are  apt  to  run 
from  one  extreme  into  another.  To 
anticipate  and  prevent  disastrous  con 
tingencies,  would  be  the  part  of  wis 
dom  and  patriotism. 

':  What  astonishing  changes  are  a 
few  years  capable  of  producing !  I 
am  told  that  even  respectable  charac 
ters  speak  of  a  monarchical  form  of 
government,  without  horror.  From 
thinking,  proceeds  speaking;  thence 
to  acting,  is  often  but  a  single  step. 
But  how  irrevocable  and  tremendous  ! 
What  a  triumph  for  our  enemies  to 
verify  their  predictions !  What  a  tri 
umph  for  the  advocates  of  des 
potism,  to  find  that  we  are  in 
capable  of  governing  ourselves,  and 
that  systems  founded  on  the  basis  of 
equal  liberty,  are  merely  ideal  and 
fallacious  !  Would  to  God,  that  wise 
measures  may  be  taken  in  time,  to 
avert  the  consequences  we  have  but 
too  much  reason  to  apprehend. 

"  Retired  as  I  am  from  the  world,  I 
frankly  acknowledge,  I  cannot  feel  my 
self  an  unconcerned  spectator.  Yet 
having  happily  assisted  in  bringing 
the  ship  into  port,  and  having  been 
fairly  discharged,  it  is  not  my  business 
to  embark  again  on  a  sea  of  troubles. 
Nor  could  it  be  expected,  that  my  sen 
timents  and  opinions  would  have  much 
weight  on  the  minds  of  my  countrymen. 
They  have  been  neglected,though  given 
as  a  last  legacy,  in  the  most  solemn 
manner.  I  had  then,  perhaps,  some 
claims  to  public  attentions.  I  consider 
myself  as  having  none  at  present." 


irws. 


Added  to  the  failure  of  the  attempts 
made  by  the  American  commission 
ers  at  Paris,  to  negotiate  commercial 
treaties,  the  legislation  of  the  separate 
states,  between  1783  and  1786,  was 
productive  of  discord  and  perplexity. 
Anxious  to  protect  themselves  against 
the  stringent  regulations  of  England, 
they  acted,  each  one  for  itself, 
without  uniformity,  or  system, 
and  sometimes  in  open  hostility  to 
each  other.  The  position  and  import 
ance  of  the  public  lauds,  and  the  ac 
tual  and  precise  relations  of  Congress 
to  this  vast  domain,  were,  moreover, 
subjects  of  not  only  deep  interest,  but 
calculated  also  to  give  rise  to  consider 
able  contrariety  of  opinion.  In  gen 
eral,  the  people  of  the  United  States, 
were  disposed  to  look  upon  the  west 
ern  lands  as  national  property,  and  as 
the  main  source  whence  they  were  to 
obtain  means  for  payment  of  the  na 
tional  debt.  Congress,  therefore,  in 
1783,  urged  the  states,  which  had  not 
yet  attended  to  its  previous  requests, 
to  make  speedy  cession  of  their  terri 
torial  claims,  "  as  well  for  hastening 

O 

the  extinguishment  of  the  public  debt, 
as  for  establishing  the  harmony  of  the 
United  States." 

Virginia  completed  the  cession  of 
her  claims  to  the  north-western  terri 
tory,  in  March,  1784,  and  Con 
gress,  as  we  have  stated  above, 
made  provision*  for  the  temporary  gov- 


1781. 


*  On  the  Ifith  of  March,  1785,  a  motion  was  made 
by  Mr.  Rufus  King  that  the  following  proposition  be 
committed :  "  That  there  shall  he  neither  slavery  nor 
involuntary  servitude  in  any  of  the  states  described 
by  the  resolve  of  Congress  of  2:1d  of  April,  17«4, 
otherwise  than  in  punishment  of  crime,  whereof  the 


202 


THE  THREE  YEARS  AFTER  THE  WAR. 


K.  IV. 


1785. 


eminent  of  that  fertile  region,  and  for 
the  admission  into  the  Union  of  new 
states,  which  might  be  formed  out  of 
it.  By  the  cession  of  New  York,  the 
western  bounds  of  that  state  were  lim 
ited  by  "  a  line  from  the  north-east 
corner  of  the  state  of  Pennsylvania, 
along  the  north  bounds  thereof,  to  its 
north-west  corner,  continued  due  west, 
until  it  shall  be  intersected  by  a  me 
ridian  line,  to  be  drawn  from  the  forty- 
fifth  degree  of  north  latitude,  through 
a  point  twenty  miles  due  west  from  the 
most  westerly  bent,  or  inclination  of 
the  river,  or  strait  of  Niagara ;  thence, 

O 

by  the  said  meridian  line,  to  the  forty- 
fifth  degree  of  north  latitude,  thence 
by  the  said  forty-fifth  degree  of  north 
latitude."  Massachusetts,  by  her  deed 
of  cession,  made  in  April,  1785, 
surrendered  her  ri^ht  to  all 

O 

lands  west  of  the  line,  fixed  by  New 
York.  Connecticut,  in  September, 
1784,  ceded  all  lands  in  her  charter 
limits,  lying  one  hundred  and  twenty 
miles  west  of  the  western  boundary 
of  Pennsylvania.  South  Carolina,  in 
August,  1787,  granted  to  the  United 
States,  all  her  right  to  the  country 
west  of  the  ridge  or  chain  of  moun 
tains,  which  divides  the  eastern  from 
the  western  waters. 

In  consequence  of  these  cessions,  the 
United  States  became  possessed  of  all 
the  lands  north-west  of  the  Ohio  ;  and 


party  shall  have  been  personally  guilty,  and  that  this 
regulation  shall  be  an  article  of  compact,  and  re 
main  a  fundamental  principle  of  the  Constitution 
between  the  thirteen  original  states,  and  each  of  the 
states  described  in  the  said  resolve  of  23d  April, 
1784."  The  motion  to  commit  prevailed,  by  a  vote 
of  eight  states  against  three. 


the  establishment  of  a  government  for 
the  inhabitants  already  settled,  as  well 
as  those  who  were  hastening  thither, 
became  immediately  necessary. 

On  the  13th  of  July,  1787,  Congress 

«,    /  O 

established  the  celebrated  Ordinance 
for  the  Government  of  the  North  Wes 
tern  Territory,  which  superseded  the 
resolve  of  1784.  As  this  Ordinance, 
is  the  basis  of  the  governments  pro 
vided  by  Congress,  for  the  territories 
of  the  United  States,  and  as  its  prin 
ciples  lie  at  the  foundation  of  the  civil 
polity  of  a  considerable  por 
tion  of  our  country,  we  shall 
give  its  provisions  somewhat  at  large.* 
The  whole  territory  was  made  one 
district,  subject  to  be  divided  into  two, 
at  the  pleasure  of  Congress.  With  re 
spect  to  the  mode  of  governing  the 
settlers  in  this  territory  or  colony,  the 
Ordinance  provided,  that,  until  the 
number  of  free  male  inhabitants,  of 
full  age,  in  the  district,  should  amount 
to  five  thousand,  the  legislative,  execu 
tive,  and  judicial  power,  should  be 
vested  in  a  governor  and  three  judges, 
who,  together  with  a  secretary,  were 
to  be  appointed  by  Congress.  The 
governor  was  to  remain  in  office  three 
years,  and  the  judges  during  good  be 
havior.  The  governor,  with  the  judges, 
were  empowered  to  adopt  and  publish, 
such  laws  of  the  original  states,  crimi 
nal  and  civil,  as  might  be  necessary 
and  best  suited  to  the  circumstances 
of  the  district,  and  report  them  to 
Congress ;  such  laws  to  be  in  force, 


*  We  quote  the  abstract  of  this  Ordinance  from 
Pitkin.  vol.  ii.,  pp.  210-13.  Consult  also  Curtis's 
"  History  of  the  Constitution"  vol.  i.,  pp.  302-306. 


CH.  I.] 


ORDINANCE  FOP,  NORTH  WESTERN  TERRITORY. 


203 


until  disapproved  by  that  body.  The 
governor  was  empowered  to  divide  the 
district  into  districts  or  townships,  and 
to  appoint  all  civil  officers.  As  soon  as 
the  free  male  inhabitants  of  full  age, 
should  amount  to  five  thousand,  a  gen 
eral  assembly  was  to  be  constituted,  to 
consist  of  the  governor,  a  legislative 
council,  and  house  of  representatives. 
The  representatives  to  be  chosen  from 
the  counties  or  townships,  one  for  every 
five  hundred  free  male  inhabitants, 
until  the  number  should  amount  to 
twenty-five;  after  that,  the  number  to 
be  regulated  by  the  legislature.  A 
representative  must  have  been  a  citi 
zen  of  one  of  the  United  States  for 
three  years,  and  be  a  resident  in  the 
district,  or  have  resided  three  years  in 
the  district ;  in  either  £ase,  to  have  the 
fee-simple  of  two  hundred  acres  of  land 
in  the  district.  An  elector  was  to  re 
side  in  the  district,  have  a  freehold  in 
fifty  acres  of  laud  therein,  and  be  a  citi 
zen  of  one  of  the  states,  or  a  like  free 
hold,  and  two  years'  residence.  The  rep 
resentatives  to  be  chosen  for  two  years. 
The  legislative  council  was  to  con 
sist  of  five  persons,  to  continue  in  office 
five  years,  unless  sooner  removed  by 
Congress,  chosen  in  the  following  man 
ner  ;  the  house  of  representatives  to 
nominate  ten  persons,  each  possessed 
of  a  freehold,  in  five  hundred  acres  of 
land ;  out  of  this  number,  Congress 
were  to  appoint  five  to  constitute  the 
council.  The  general  assembly  had 
power  to  make  laws,  for  the  govern 
ment  of  the  district,  not  repugnant  to 
the  Ordinance.  All  laws  to  have  the 
sanction  of  a  majority  of  both  houses, 
and  also  the  assent  of  the  governor. 


The  legislative  assembly  were  autho 
rized  by  joint  ballot,  to  elect  a  dele 
gate,  who  was  to  have  a  seat  in  Con 
gress,  with  the  right  of  debating,  but 
not  of  voting. 

It  was  necessary,  also,  to  establish 
certain  principles,  as  the  basis  of  the 
laws,  constitutions,  and  governments, 
which  might  be  formed  in  the  terri 
tory,  as  well  as  to  provide  for  its  fu 
ture  political  connection  with  the  Amer 
ican  confederacy.  Congress,  therefore, 
at  the  same  time,  established  certain 
articles,  which  were  to  be  considered 
as  articles  of  compact,  between  the 
original  states  and  the  people  in  the 
territory,  and  which  were  to  remain 
unalterable,  unless  by  common  consent. 
By  these,  no  person  in  the  territory 
was  ever  to  be  molested,  on  account 
of  his  mode  of  worship,  or  religious 
sentiments ;  and  every  person  was  en 
titled  to  the  benefits  of  the  writ  of 
habeas  corpus,  trial  by  jury,  and  all 
those  other  fundamental  rights,  usually 
inserted  in  American  bills  of  rights. 
Schools,  and  the  means  of  education, 
were  forever  to  be  encouraged,  and 
the  utmost  good  faith  to  be  observed 
towards  the  Indians ;  particularly  their 
lands  and  property  were  never  to  be 
taken  from  them,  without  their  con 
sent.  The  territory,  and  the  states 
that  might  be  formed  therein,  were 
forever  to  remain  a  part  of  the  Amer 
ican  confederacy;  but  not  less  than 
three,  nor  more  than  five  states,  were 
to  be  established. 

The  bounds  of  these  states  were 
fixed,  with  liberty  for  Congress  to  alter 
them,  by  forming  one  or  two  new  states 
in  that  part  of  the  territory  lying  north 


204 


TTTE  THREE  YEARS  AFTER  THE  WAR. 


[BK.  iv. 


of  an  east  and  west  line  drawn  through 
the  southern  bend,  or  extreme  of  Lake 
Michigan.  It  was  also  provided,  that 
whenever,  in  any  of  those  states,  there 
should  be  sixty  thousand  free  inhabi 
tants,  such  state  was  to  be  admitted 
into  the  Union,  on  the  same  footing 

o 

with  the  original  states  in  all  respects 
whatever ;  and  be  at  liberty  to  form  a 
permanent  constitution  and  state  gov 
ernment  ;  such  constitution  and  gov 
ernment,  however,  was  to  be  republi 
can,  and  conformable  to  the  principles 
of  the  Articles.  If  consistent  with  the 
general  interest  of  the  Confederation, 
such  state,  however,  might  be  admitted 
as  a  member  of  the  Union,  with  a  less 
number  than  sixty  thousand  free  in 
habitants. 

By  the  sixth  and  last  article  it  was 
provided,  there  should  be  neither 
slavery  or  involuntary  servitude  in  the 
territory,  otherwise  than  in  the  punish 
ment  of  crimes,  of  which  the  party 
should  have  been  duly  convicted.  Fugi 
tives,  .however,  owing  service  in  other 
states,  might  be  reclaimed,  and  con 
veyed  back  to  the  person  claiming  his 
or  her  labor  or  service.* 

In  speaking  of  this  subject,  Mr.  Cur 
tis  remarks :  "  American  legislation  has 
never  achieved  any  thing  more  admir- 


*  Mr.  President  King,  in  February,  1855,  printed 
in  the  New  York  Daily  Tribune,  a  chapter  from  his 
forthcoming  important  contribution  to  American  his 
tory,  u  The  Life  and  Correspondence  of  Rvfus  King.'1'1 
In  this  chapter,  (a  copy  of  which  was  kindly  fur 
nished  by  Mr.  King  himself)  the  question  is  fully  and 
lucidly  discussed  respecting  the  authorship  of  the 
celebrated  Ordinance  of  1787  and  its  wise  and  benev 
olent  provisions.  For  an  Extract  from  this  valuable 
historical  paper,  see  Appendix,  at  the  end  of  the 
present  chapter. 


able,  as  an  internal  government,  than 
this  comprehensive  scheme.  Its  pro 
visions  concerning  the  distribution  of 
property,  the  principles  of  civil  and 
religious  liberty,  which  it  laid  at  the 
foundation  of  the  communities  since  es 
tablished  under  its  sway,  and  the  effi 
cient  and  simple  organization  by  which 
it  created  the  first  machinery  of  civil 
society,  are  worthy  of  all  the  praise 
that  has  ever  attended  it.  It  was  not 
a  plan  devised  in  the  closet,  upon  theo 
retical  principles  of  abstract  fitness. 
It  was  a  constitution  of  government, 
drawn  by  men,  who  understood  from 
experience,  the  practical  working  of 
the  principles  which  they  undertook 
to  embody.  Those  principles,  were,  it 
is  true,  to  be  applied  to  a  state  of  so 
ciety  not  then  fgrmed ;  but  they  were 
taken  from  states  of  society,  in  which 
they  had  been  tried  with  success."* 
And  these  principles,  too,  were  such  as 
could  hardly  fail  to  ensure  the  pros 
perity  of  the  settlers  in  the  great 
West. 

The  position  of  the  older  states, 
however,  could  not  but  engage,  almost 
entirely,  public  attention.  The  em 
barrassments  of  individuals,  as  Marshall 
remarks,  kept  on  increasing  during  these 
trying  years,  and  there  seemed  to  be 
no  way  of  escape  from  impending  ruin. 
Two  great  parties,  according  to  the 
same  learned  authority,  Avere  formed  in 
every  state,  which  pursued  distinct  ob- 


*  For  further  remarks  on  the  difficulties  which  were 
found  to  exist  in  regard  to  the  management  of  this 
territory,  the  admission  of  new  states,  the  discussions 
on  this  subject  in  the  Federal  Convention,  etc.  see 
Curtis's  " History  of  the  Constitution"  vol.  L,  pp. 
308,  309. 


CH.  I.] 


COMMISSIONERS  ON  THE  STATE  OF  TRADE. 


205 


jects  with  systematic  arrangement. 
"The  one  struggled  for  the  exact  ob 
servance  of  public  and  private  con 
tracts.  Those  who  composed  it,  were 
the  uniform  friends  of  the  regular  ad 
ministration  of  justice,  and  of  a  vigor 
ous  course  of  taxation,  which  would 
enable  the  state  to  comply  with  its  en 
gagements.  By  a  natural  association 
of  ideas,  they  were  also  in  favor  of  en 
larging  the  powers  of  the  federal  gov 
ernment,  and  of  enabling  it  to  protect 
the  dignity  and  the  character  of  the 
nation  abroad,  and  its  interests  at 
home.  The  other  party  marked  out 
for  themselves  a  more  indulgent  course. 
They  were  uniformly  in  favor  of  relax 
ing  the  administration  of  justice,  of 
affording  facilities  for  the  payment  of 
debts,  or  of  suspending  their  collec 
tion,  and  of  remitting  taxes.  The  same 
course  of  opinion  led  them  to  resist 
every  attempt  to  transfer  from,  their 
own  hands  into  those  of  Congress,  pow 
ers  which  others  deemed  essential  to 
the  preservation  of  the  Union.  Wher- 
.ever  this  party  was  predominant,  the 
emission  of  paper  money,  the  delay  of 
legal  proceedings,  and  the  suspension 
of  taxes,  were  the  fruits  of  their  rule. 
Even  where  they  failed  to  carry  their 
measures,  their  strength  was  such  as  to 
encourage  the  hope  of  succeeding  in  a 
future  attempt.  Throughout 
the  Union,  the  contest  between 
these  parties  was  annually  revived,  and 
the  public  mind  was  perpetually  agi 
tated  with  hopes  and  fears  on  subjects 
which  affected  essentially  the  fortunes 
of  a  considerable  portion  of  society. 
This  instability  in  principles,  which 
ought  to  be  rendered  immutable,  pro- 
VOL.  II.— 26 


1785. 


duced  a  long  train  of  ills;  and  is 
believed  to  have  been  among  the  op 
erating  causes  of  those  pecuniary  em 
barrassments  which  influenced  the  legis 
lation  of  almost  every  state.  The  wise 
and  thinking  part  of  the  community, 
who  could  trace  evils  to  their  source, 
labored  unceasingly  to  inculcate  opin 
ions  favorable  to  the  incorporation  of 
some  principles  into  the  political  sys 
tem,  which  might  correct  its  obvious 
vices,  without  endangering  its  free 
spirit." 

In  this  deplorable  state  of  affairs, 
when  matters  had  arrived  at  such  a 
pass,  that  something  must  be  done,  or 
the  Union  would  inevitably  perish,  it 
happened  that  certain  measures  were 
taken  in  Virginia,  which,  though  hav 
ing  in  view  only  commercial  regula 
tions,  were,  under  the  advice  and  in 
fluence  of  Washington,  made  available 
for  setting  in  motion  the  great  move 
ment  which  resulted  ultimately  in  the 
Federal  Constitution.  Commissioners 
were  appointed  by  the  legislatures  of 
Virginia,  and  of  Maryland,  to  form  a 
compact  relative  to  the  navigation  of 
the  Rivers  Potomac  and  Pocomoke,  and 
part  of  the  Bay  of  Chesapeake,  who 
assembled  in  Alexandria,  in  March, 
1785.  While  at  Mount  Vernon,  on  a 
visit,  they  agreed  to  propose 
to  their  respective  govern 
ments  the  appointment  of  other  Com 
missioners,  with  power  to  make  con 
joint  arrangements,  with  the  assent  of 
Congress,  for  maintaining  a  naval  force 
in  the  Chesapeake,  and  for  establish 
ing  a  tariff  of  duties  on  imports,  to 
which  the  laws  of  both  states  should 
conform.  The  legislature  of  Virginia 


1785. 


200 


APPENDIX  TO   CHAPTER  I. 


[BK.  IV. 


assented  to  these  propositions,  and  a 
resolution  was  passed,  directing  that 
what  related  to  the  duties  on  imports, 
be  communicated  to  all  the  states  who 
were  invited  to  send  deputies  to  the 
meeting. 

In  January,  1786,  the  Assembly  of 
Virginia  appointed  Commissioners,  who 
were  instructed  to  consider  the  state 
of  the  trade  of  the  United  States,  and 
to  digest  and  report  to  the  several 
states,  such  measures  as  would  enable 
Congress  effectually  to  provide  for  the 
same.  The  meeting  was  held 
at  Annapolis,  in  September, 
when  two  Commissioners  from  New 
York,  three  from  New  Jersey,  one 
from  Pennsylvania,  three  from  Dela 
ware,  and  three  from  Virginia,  con 
stituted  the  whole  number  of  this  con- 


17§6. 


vention.     Nothing  was  done  with  ref- 

O 

erence  to  the  special  object  of  the 
meeting ;  yet  their  deliberations  re 
sulted  in  a  report  to  their  respective 
states ;  recommending  a  second  con 
vention  of  delegates,  to  which  all  the 
states  should  be  invited  to  appoint 
Commissioners,  to  meet  at  Philadel 
phia,  in  the  following  May ;  and  urging 
a  revisal  of  the  Constitution  of  the 
Federal  Government,  to  render  it  ade 
quate  to  the  exigencies  of  the  Union. 
A  letter  was  also  sent  to  Congress,  ac 
companied  with  a  copy  of  their  report 
to  the  states. 

In  our  next  chapter,  we  shall  give 
an  account  of  the  assembling  of  the 
Federal  Convention,  and  of  the  im 
portant  national  Avork  with  which  it 
was  charged. 


APPENDIX    TO     CHAPTER    I. 


THE  ORDINANCE  OF  1787  FOR  THE  GOV 
ERNMENT  OF  THE  NORTH  WESTERN  TER 
RITORY.* 

ON  the  15th  of  April,  1785,  the  day  after  the 
Grand  Committee,  of  which  Mr.  King  was  a 
member,  had  reported  to  Congress  the  Ordinance 
locating  and  disposing  of  the  public  lands,  which 
became  a  law.  on  the  20th  of  May  following : — 
Mr.  King  thus  acknowledges  Mr.  Pickering's 

letter : 

"  NEW  YORK,  April  15,  1785. 

"The  best  return  in  my  power  to  make  you 
for  your  ingenious  communications  on  the  mode 
of  disposing  of  the  Western  Territory,  is  to  in 
close,  for  your  examination,  the  form  of  an  Ordi- 


*  For  the  text   of  this  celebrated  Ordinance,  see  Story's  "  Ex- 
]>OftUii»i  of  the  CMwtitution,"  pp.  3ii9-337. 


nance,  reported  to  Congress  on  the  subject. 
.  I  likewise  inclose  yon  the  report  on 
a  motion  for  the.  exclusion  of  slavery  from  the  new 
states.  Yov,r  ideas  on  this  subject  are  so  just, 
that  it  would  be  impossible  to  differ  from  them." 

Of  the  report  on  the  exclusion  of  slavery,  here 
mentioned,  no  trace  is  to  be  found.  It  must  re 
fer,  one  would  suppose,  to  the  resolution  sub 
mitted  by  Mr.  King  himself,  on  the  16th  of 
March,  and  committed  on  that  day ;  but  no  al 
lusion  in  the  journal,  nor  any  other  than  thus 
casually  in  Mr.  King's  letter  to  Mr.  Pickering, 
has  been  found. 

But  it  is  certain,  that  Mr.  King  did  not  abate 
of  his  zeal  on  the  subject,  and  when,  in  Novem 
ber,  1785,  Nathan  Dane  became  one  of  his  col 
leagues  from  Massachusetts,  and  a  new  Ordi 
nance  for  governii  g  the  Western  Territory  came 


CH.  I.] 


THE   ORDINANCE   OF   1787. 


207 


under  the  consideration  of  Congress,  as  has  al 
ready  boon  related,  in  September,  1786,  and  in 
varying  shapes,  occupied  its  attention,  at  times, 
through  the  residue  of  that  year,  and  through  the 
year  1787,  until  its  final  adoption,  in  July,  of  the 
last  year,  it  is  on  the  record  of  the  journal,  that 
Mr.  King  took  constant  and  earnest  part  in  its 
discussion.  If,  then,  in  the  Ordinance,  as  finally 
adopted,  shall  be  found  embodied  specific  prop 
ositions  made  by  Mr.  King,  and  by  him  only ; 
and  if  it  shall  appear,  as  now  I  am  about  to  make 
it  appear,  that  the  authorship  of  the  Ordinance 
was  Mr.  Dane's,  and  not  Mr.  Jefferson's,  as  has 
been  so  Idng  claimed,  and  recently  with  emphatic 
and  confident  argument  by  Governor  Coles,  for 
merly  of  Illinois;  the  deduction  would  seem  le 
gitimate  and  conclusive,  that  Mr.  Dane,  acting 
with  his  colleague,  had  accepted  and  embodied  his 
suggestions  in  the  Ordinance. 

Let  the  chief  of  these  suggestions  be  briefly 
set  forth :  First,  and  most  important,  is  that  pro 
hibiting  slavery.  Mr.  Jefferson's  proviso  was 
prospective ;  that  of  Mr.  King,  immediate ;  the 
proviso  of  the  Ordinance  of  1787  was  immediate, 
and  in  the  identical  words  offered  by  Mr.  King, 
10th  March,  1785,  except  that  his  proviso  reach 
ed  to  all  the  territory  embraced  in  Mr.  Jefferson's 
resolutions  of  April,  1784,  while  that  of  the  Ordi 
nance  was  restricted,  necessarily,  perhaps,  to  the 
precise  territory  which  that  Ordinance  was  framed 
to  govern.  In  other  respects,  the  language  is 
identical,  changing  only  the  words,  "  shall  have 
been  personally  guilty,"  as  used  by  Mr.  King, 
to  "shall  have  been  duly  convicted,"  in  the  Ordi 
nance.  Mr.  Dane  nowhere  appears  on  the  record 
to  have  made  any  motion  himself  in  Congress,  on 
the  subject  of  slavery,  and,  therefore,  finding  that 
of  Mr.  King  in  the  journals,  and  having  it  urged 
upon  his  attention,  doubtless,  by  Mr.  King  him 
self,  he  adopted  it  as  his  own. 

Article  III.  of  the  fundamental  articles,  thus 
stipulated:  "Religion,  morality,  and  knowledge 
being  necessary  to  good  government,  and  the  hap 
piness  of  mankind,  schools,  and  the  means  of  edu 
cation,  shall  forever  be  encouraged." 

Of  this  there  is  nothing  in  the  Jefferson  resolu- 
lutions  of  April,  1784,  but  the  extracts  given  from 
Mr.  Pickering's  letters,  and  the  journals  of  Con 
gress,  during  1785-6,  when  the  land  ordinances 
were  under  discussion,  show  how  perse veringly, 


and  to  a  certain  extent  successfully,  Mr.  King 
labored  to  obtain,  for  the  purposes  of  education 
and  of  religion,  reserved  townships  in  every 
range. 

And  last,  and  hardly  perhaps  second  in  import 
ance  to  the  first — the  Proviso  of  Freedom — of  a 
kin,  indeed,  with  it,  is  that  proviso,  incalculable 
in  its  value  as  a  bond  of  union  ;  incalculable  in 
its  value  to  commercial  intercourse,  and  to  good 
neighborhood,  which  stipulates  "  that  the  navigable 
waters  leading  into  the  Mississippi  and  the  St. 
Lawrence,  and  the  carrying  places  between  the 
same  shall  be  common  highways,  and  forever 
free,  as  well  to  the  inhabitants  of  the  said  terri 
tory,  as  to  the  citizens  of  the  United  States,  and 
those  of  any  other  states  that  may  be  admitted 
into  the  Confederacy,  without  any  tax,  impost,  or 
duty  therefor." 

This,  in  the  first  instance,  was  due  to  the  far- 
reaching  and  statesmanlike  suggestions  of  Timothy 
Pickering,  and  was  introduced  into  Congress  by 
the  joint  agency  of  Virginia  and  Massachusetts  ; 
states  which  then  stood,  as,  during  the  war,  they 
had  stood,  shoulder  to  shoulder,  on  so  many  try 
ing  occasions.  Mr.  Pickering,  in  a  letter  to  Rufus 
King,  of  8th  March,  1785,  discussing  the  Ordi 
nance  then  under  the  consideration  of  Congress, 
for  regulating  the  Western  Territory,  thus  sa 
gaciously  writes : 

"  Water  communications  in  that  country  will 
always  be  in  the  highest  degree  interesting  to  the 
inhabitants.  It  seems  very  necessary  to  secure 
the  freedom  of  navigating  these,  to  all  the  inhabi 
tants  of  all  the  states.  I  hope  we  shall  have  no 
Scheldts  in  this  country." 

So  wise  a  suggestion  was  not  lost  upon  his  cor 
respondent,  and,  accordingly,  on  the  12th  of 
March,  1786,  while  the  Ordinance  "  for  ascertain 
ing  the  mode  of  locating  and  disposing  of  the 
public  lands  in  the  Western  Territory,  was  un 
der  consideration,  Mr.  Grayson,  of  Virginia,  who, 
as  the  journals  show,  acted  very  frequently  in 
concert  with  Mr.  King,  and  who  separated  from 
his  colleagues,  and  voted  aye  on  Mr.  King's  Anti- 
Slavery  proviso,  on  16th  March,  of  the  same  year, 
less  than  two  months  before,  moved  this  resolu 
tion,  which  was  seconded  by  Mr.  King,  and 
adopted : 

"Resolved,  That  the  navigable  waters  leading 
into  the  Mississippi  and  the  St.  Lawrence,  and  the 


208 


APPENDIX  TO   CHAPTER  I. 


carrying  places  between  the  same  be,  and  are 
hereby  declared  to  be,  common  highways,  and  to. 
be  forever  free,  as  well  to  the  inhabitants  of  said 
Territory,  as  to  the  citizens  of  the  United  States, 
and  those  of  any  other  state  that  may  be  admitted 
into  the  Confederation,  without  any  tax,  duty,  or 
impost  therefor." 

This  resolution,  without  the  change  of  a  letter, 
is  embodied  in  the  Ordinance  of  1787 ;  and  thus 
we  see  that  the  two  important  provisos  ;  the  one 
against  slavery  extension,  and  the  other  for  the 
inviolable  freedom  to  all  American  citizens,  in  all 
time,  and  exempt  from  all  impost  or  taxation,  of 
the  great  navigable  waters  of  the  Union,  designed 
by  God  himself  as  the  highway  of  nations,  origi 
nally  proposed  or  promoted  by  Mr.  King ;  were 
taken  by  Mr.  Dane  from  the  records  of  Congress, 
and  introduced  into  his  immortal  Ordinance. 
And  now  for  the  conclusive  proof  that  this  Ordi 
nance  was  his — prepared  aud  drafted  by  him, 
and  accepted  unanimously  by  Congress,  almost 
without  alteration.  This  proof  is  in  the  letter  of 
which  the  annexed  is  a  full,  literal,  and  exact  copy 
from  the  original,  in  my  hands : 

NEW  YORK,  July  16,  1787. 
To  TUE  HON.  RUFUS  KING,  ESQ.,  Philadelphia  : 

DEAR  SIR  : — I  am  obliged  to  you,  for  yours  of 
the  llth  inst.  With  pleasure  I  communicate  to 
yOu  what  we  are  doing  in  Congress ;  not  so  much 
from  a  consciousness,  that  what  we  do  is  well 
done,  as  from  a  desire  that  you  may  be  acquainted 
with  our  proceedings.  We  have  been  much  en 
gaged  in  business  for  ten  or  twelve  days  past,  for 
a  part  of  which  we  have  had  eight  states.  There 
appears  to  be  a  disposition  to  do  business,  and  the 
arrival  of  R.  H.  Lee  is  of  considerable  import 
ance.  I  think  his  character  serves,  at  least,  in 
some  degree,  to  check  the  effects  of  the  evil  habits, 
and  lax  mode  of  thinking  of  some  of  his  country 
men.  We  have  been  employed  about  several 
objects,  the  principal  of  which  have  been  the 
*  Government  inclosed,  and  the  Ohio  purchase ; 
the  former,  you  will  see,  is  completed,  and  the 
latter  will  probably  be  completed  to-morrow. 
We  tried  one  day  to  patch  up  f  M  .  .  .  's 
system  of  W.  government-  started  new  ideas, 

*  The  Ordinance  of  1787,  adopted  on  13th  July, 
t  These    Initials    refer,  possibly,  to  the  plan   proposed  by   Mr. 
Monroe. 


and  committed  the  whole  to  Carrington,  Dane,  R. 
H.  Lee,  Smith  and  Kean.  We  met  several  times, 
and  at  last  agreed  on  some  principles ;  at  least 
Lee,  Smith,  and  myself.  We  found  ourselves 
rather  pressed.  The  Ohio  Company  appeared  to 
purchase  a  large  tract  of  the  federal  lands — about 
six  or  seven  millions  of  acres — and  we  wanted  to 
abolish  the  old  system,  and  get  a  better  one  for 
the  government  of  the  country,  and  we  finally 
found  it  necessary  to  adopt  the  best  system  we 
could  get.  All  agreed  finally  to  the  inclosed  plan, 
except  A.  Yates.  He  appeared-  in  this  case,  as  in 
most  pthers,  not  to  understand  the  subject  at  all. 
I  think  the  number  of  free  inhabitants,  sixty 
thousand,  which  are  requisite  for  the  admission 
of  anew  state  into  the  Confederacy,  is  too  small ; 
but,  having  divided  the  whole  Territory  into  three 
states,  this  number  appears  to  me  to  be  less  im 
portant.  Each  state,  in  the  common  course  of 
things,  must  become  important,  soon  after  it  shall 
have  that  number  of  inhabitants.  The  Eastern 
state  of  the  three,  will  probably  be  the  first,  and 
more  important  than  the  rest,  and  will  no  doubt 
be  settled  chiefly  by  Eastern  people ;  and  there 
is,  I  think,  full  an  equal  chance  of  its  adopting 
Eastern  politics.  When  I  drew  the  Ordinance, 
(which  passed,  a  few  words  excepted,  as  I  origi 
nally  formed  it,)  I  had  no  idea  the  states  would 
agree  to  the  sixth  article,  prohibiting  slavery,  as 
only  Massachusetts,  of  the  Eastern  States,  was 
present,  and  therefore  omitted  it  in  the  draft ; 
but,  finding  the  House  favorably  disposed  on  this 
subject,  after  we  had  completed  the  other  parts,  I 
moved  the  article,  which  was  agreed  to  without 
opposition.  We  are  in  a  fair  way  to  fix  the  terms 
of  our  Ohio  sale,  etc.  We  have  been  upon  it 
three  days  steadily.  The  magnitude  of  the  pur 
chase  makes  us  very  cautious  about  the  terms  of 
it,  and  the  security  necessary  to  insure  the  per 
formance  of  it.  We  have  directed  the  Board  to 
examine  and  report  upon  Holkar's  affair. 

Massachusetts  Legislature  was  prorogued  the 
7th  instant,  having  continued  the  Tender  Act,  as  it 
is  called,  to  January,  1788,  and  having  passed  no 
other  act  of  importance,  except  what,  I  presume, 
you  have  seen  respecting  the  raising  of  troops, 
and  the  power  of  the  governor,  to  pursue  the 
rebels,  etc.*  You  ask  me  how  I  like  my  new  col- 

*  Refers  to  Shays's  rebellion. 


Cii.  I.J 


THE   ORDINANCE   OF   1787. 


209 


leagues.     Sedgewick,  you  know,  we  all  esteem ; 
but  I  tear  he  will  not  make  his  attendance  an  ob 
ject.     Thatcher,  I  am  quite  unacquainted  with.     I 
do  not  know  whether  Mr.  Otis,  at  this  period  of 
life,  and  under   his  misfortunes,  will  enter  with 
vigor  into  federal  politics.     I  wish  his  accounts 
with  the  Union  had  been  settled,  etc. 
Nothing  more  worth  particular  notice. 
Your  affectionate  friend, 

N.  DANE. 
IIox.  R.  KING. 

P.  S.  States  present:  Massachusetts,  New 
York,  New  Jersey,  Delaware,  Virginia,  North 
Carolina,  South  Carolina,  and  Georgia.  Brother 
Holten  is  rather  an  invalid  ;  is  not  able  to  take  an 
active  part  in  business  ;  but  1  think  supports  pretty 
good  Eastern  politics. 

This  letter,  now  for  the  first  time  made  public, 
was  written,  it  will  be  seen,  three  days  only  after 
the  passing  of  the  famous  Ordinance,  before  there 
was  any  controversy  about  it,  and  without  con 
sciousness,  so  far  as  the  modest  tenor  of  the  whole 
letter  can  witness,  of  the  priceless  value  of  the  Act 
thus  perfected.  The  course  of  the  preparation, 
discussion,  and  final  adoption  of  the  Ordinance,  is 
related  with  entire  simplicity.  No  doubt,  there 
fore,  can  now  be  entertained,  that  Mr.  Dane  did 
frame  the  Ordinance  throughout;  that  it  was  he 
who  directed  the  mode  of  presenting  it  to  the 
House,  and  carrying  it  through  all  its  stages. 

Mr.  Carrington,  of  Virginia,  named  first  on  the 
Committee,  and,  therefore,  by  usage,  its  chairman, 
did  not,  as  appears  by  this  letter,  agree  with  the 
majority  of  the  Committee,  and,  therefore,  prob 
ably  declined  to  report  the  Ordinance,  devolving 
that  duty  on  Mr.  Dane,  who  stood  next  on  the 
list,  and  who  was  in  the  majority.  This  explains, 
what  heretofore  has  not  been  understood,  how 
Mr.  Dane,  the  second  on  the  Committee,  came  to 
be  its  reporter;  and  the  almost  literal  accuracy 
is  hereby  established  of  the  account  given  by 
Daniel  Webster,  in  his  Oration  against  ITayne,  on 
the  Foot  resolutions,  in  the  United  States  Senate, 
in  1830,  that  this  Ordinance  "was  drawn  by 


Nathan  Dane,  and  adopted  by  Congress,  without 
the  slightest  alteration."  "  A  few  words  except- 
ed,"  says  Mr.  Dane,  "  and  the  Ordinance  passed 
as  I  originally  formed  it." 

Having  thus  established  the  conclusiveness  of 
the  claim  of  authorship  of  the  Ordinance  of  1787, 
for  Nathan  Dane,  and  shown  that  to  Rufus  King, 
and  indirectly  to  Timothy  Pickering,  belongs  the 
suggestion  of  the  provisos  contained  in  itayainst 
slavery,  and  for  aids  to  religion  and  knowledge, 
and  for  assuring  forever  the  common  use,  without 
charge,  of  the  great  national  highways  of  the 
Mississippi,  the  St.  Lawrence,  and  their  tribu 
taries,  and  their  carrying  places,  to  all  the  citi 
zens  of  the  United  States  ;  and  having,  at  the  same 
time,  by  spreading  in  extenso  before  the  readers 
of  this  chapter,  both  the  resolution  of  Mr.  Jeffer 
son,  of  April,  1784,  and  the  Ordinance  of  1787, 
put  it  within  their  reach,  to  compare  these  instru 
ments,  and  thus  ascertain  how  much  of  one  is  bor 
rowed  from,  or  is  suggested  by  the  other  ;  it  may 
be  said,  in  conclusion,  that  in  endeavoring  to  as 
sign  to  each  of  the  prominent  actors  in  this  great 
scene  his  due  merit  and  responsibility,  no  desire 
has  been  felt,  nor,  it  is  hoped,  manifested,  even  un 
consciously,  of  magnifying  any  one  at  the  expense 
of  others.  Enough  of  enduring  reputation  for 
each  and  all,  must  forever  honor  the  names  of 
Dane,  and  J  efferson,  and  Pickering,  and  King,  for 
the  part  taken  by  each  in  the  long,  laborious,  and 
eventful  struggle,  which  had  so  glorious  a  con 
summation  in  the  Ordinance,  consecrating  forever, 
by  one  imprescriptible  and  unchangeable  muni 
ment,  the  very  heart  of  our  land  to  Freedom, 
Knowledge  and  Union. 


The  reader  who  wishes  to  see  this  question  dif 
ferently  stated,  and  the  grounds  on  which  it  is 
asserted  that  "the  authorship  of  the  Ordinance  of 
1787,  and  its  passage  through  the  old  Congress, 
are  the  indisputable  work,  both  in  its  conception 
and  consummation,  of  the  South,"  is  referred  to 
Senator  Bcnton's  "  Thirty  Years'  View"  vol.  i. 
pp.  133—0. 


210 


THE  FEDERAL  CONVENTION  AND  ITS   WORK. 


IV. 


CHAPTEE    II. 

1787, 


THE  FEDERAL   CONVENTION  AND   ITS   W  0  E  K . 

Course  pursued  by  Virginia  as  to  the  Federal  Convention  —  The  Resolution  of  Congress — -Alarming  condition  of 
affairs  in  New  England  —  Shays's  Insurrection  in  Massachusetts  —  Action  in  Congress  —  Washington's  anxious 
apprehensions  —  Lincoln  commands  the  Massachusetts  troops  —  The  rebellion  suppressed  —  Necessity  felt  for 
the  Convention  in  the  present  crisis  —  Wisdom  of  the  course  pursued  by  Congress  —  Washington  placed  on  the 
Virginia  delegation  —  Hesitates  to  accept  —  The  Convention  assembles  in  May  —  The  work  before  them  —  Ran 
dolph's  resolutions,  or  the  "  Virginia  Plan"  —  Patterson's  proposition,  or  the  "  Jersey  Plan"  —  Debates  in  the  Con 
vention —  Difficulties  in  the  way  of  arranging  the  several  powers  of  the  Legislature,  the  Executive,  and  the 
Judiciary — Franklin's  motion  for  daily  prayers  in  the  Convention — Compromise  on  the  question  of  the  two 
branches  of  the  Legislature  —  Letter  of  Washington  as  president  of  the  Convention  —  THE  CONSTITUTION  OF  THE 
UNITED  STATES.  APPENDIX  to  Chapter  II.  —  I.  Hamilton's  Plan  of  Government  —  II.  List  of  the  members  of  the 
Federal  Convention  which  formed  the  Constitution  of  the  United  States. 


THE  recommendation  of  the  com 
missioners  who  had  met  at  Annapolis 
was  received  quite  differently  in  differ 
ent  parts  of  the  country.  Virginia  en 
tered  heartily  into  the  proposal,  and  in 
October,  1786,  selected  seven  of  her 
most  eminent  citizens,  to  meet  delegates 
from  the  other  states,  at  Philadelphia,  in 
May  following,  and  to  "join  with  them 
in  devising  and  discussing  all  such  al 
terations  and  further  provisions,  as  may 
be  necessary  to  render  a  Federal  Con 
stitution  adequate  to  the  exigencies  of 
the  Union."  Congress  looked  rather 
doubtfully  upon  the  movement, 
and  it  was  open  to  question, 
whether  it  was  constitutional  to  attempt 
changes  of  the  kind  intended,  without 
they  originated  in  Congress  itself,  and 
were  submitted  to,  and  adopted  by,  the 
legislatures  of  the  states,  as  provided 
by  the  Articles  of  Confederation.  Due 
attention,  however,  was  given  to  the 


IT86. 


subject;  for  it  was  felt  that  the  crisis 
was  at  hand,  and  that,  unless  the  gen 
eral  government  could  possess  and  ex 
ercise  power  adequate  to  the  necessities 
of  the  country,  deplorable  results  must 
certainly  follow.  A  report  was  made, 
during  the  winter,  upon  the  proposal  of 
the  Annapolis  commissioners,  which  re 
port  met  with  considerable  opposition, 
and  it  remained  somewhat  uncertain  as 
to  the  course  which  it  would  finally  be 
deemed  best  to  adopt.  A  variety  of 
causes,  however,  of  which  we  shall 
presently  speak,  tended  to  produce  a 
change  in  the  views  of  Congress,  and 
urge  them  to  action.  Accordingly,  in 
February.,  1787,  the  following  rAesolu- 
tion  was  passed  by  Congress :  "  Where 
as,  there  is  provision  in  the  Articles  of 
Confederation  and  Perpetual  Union, 
for  making  alterations  therein  by  the 
assent  of  a  Congress  of  the  United 
States,  and  of  the  legislatures  of  the 


[L 


r...  ii.] 


SIIAYS'S   REBELLION. 


211 


1787. 


several  states ;  and  whereas,  experience 
hath  evinced,  that  there  are  defects 
in  the  present  Confederation,  as  a  means 
to  remedy  which  several  of  the  states, 
and  particularly  the  State  of 
New  York,  by  express  instruc 
tions  to  their  delegates  in  Congress, 
have  suggested  a  Convention  for  the 
purposes  expressed  in  the  following 
Resolution;  and  such  Convention  ap 
pearing  to  be  the  most  probable  means 
of  establishing  in  these  states  a  firm 
national  government, — He-solved,  That, 
in  the  opinion  of  Congress,  it  is  expe 
dient,  that  on  the  second  Monday  in  May 
next,  a  Convention  of  delegates,  who 
shall  have  been  appointed  by  the  sev 
eral  states,  be  held  at  Philadelphia,  for 
the  sole  and  express  purpose  of  revis 
ing  the  Articles  of  Confederation,  and 
reporting  to  Congress  and  the  several 
legislatures,  such  alterations  and  pro 
visions  therein,  as  shall,  when  agreed 

'  '  O 

to  in  Congress,  and  confirmed  by  the 
states,  render  the  Federal  Constitution 
adequate  to  the  exigencies  of  govern 
ment,  and  the  preservation  of  the 
Union." 

Acting  under  this  authority,  the  sev 
eral  states,  except  Rhode  Island,  pro 
ceeded  to  the  appointment  of  delegates 
to  the  Federal  Convention. 

It  may  be  doubted,  however,  wheth 
er  necessary  action  would  have  taken 
place,  even  at  this  time,  had  not  the 
alarming  condition  of  affairs  in  the  New 
England  states,  during  the  latter  part 
of  1786  and  opening  of  1*787,  roused 
Congress  and  the  people  to  a  sense  of 
the  immediate  danger  which  existed, 
of  the  whole  country  running  into  an 
archy  and  ruin.  The  immense  burden 


1786. 


of  debt,  especially  in  Massachusetts ; 
the  relaxation  of  Puritan  strictness,  and 
the  free  use  of  foreign  articles  of  lux 
ury  ;  the  decay  of  trade  and  manufac 
tures,  with  a  scarcity  of  money;  and 
above  all,  the  debts  due  from  individ 
uals  to  each  other ;  Avere  the 
primary  causes  of  a  very  dan 
gerous  and  formidable  insurrection  in 
Massachusetts.  Wild  and  extravagant 
notions  of  liberty,  and  of  the  power  of 
the  people  to  oppose  the  action  of  the 
law,  led  to  the  assembling  of  bodies  of 
men  from  different  towns,  who,  after 
voting  their  own  constitutionality,  and 
assuming  the  name  of  the  people,  ar 
rayed  themselves  againt  the  legislature, 
and  detailed  at  great  length  grievances, 
by  which  as  they  said,  they  were  -op 
pressed.  Their  hostility  was  most  ac 
tive  against  the  taxes,  the  compensa 
tion  promised  to  the  officers  of  the 
army,  and  the  administration  of  justice 
by  the  courts  of  law.  Proceeding  from 
inflammatory  words  to  actions,  the  dis 
affected  citizens  of  Massachusetts  armed 
themselves,  surrounded  the  court  houses 
in  several  counties,  and  completely  ob 
structed  the  sessions  of  the  courts. 
Some  fifteen  hundred  insurgents  acted 
in  this  manner  at  Northampton.  The 
governor  issued  a  proclamation,  early  in 
September,  calling  upon  the  officers 
and  citizens  of  the  commonwealth  to 
suppress  all  such  treasonable  proceed 
ings  ;  but  in  the  excited  state  of  the 
community,  it  had  little  effect.  The 
week  succeeding  the  proclamation,  a 
body  of  more  than  three  hundred  in 
surgents  posted  themselves  at  the  court 
house  in  Worcester,  and  compelled  the 
courts  to  adjourn.  Similar  riotous  pro- 


212 


THE  FEDERAL  CONVENTION   AND  ITS   WORK. 


[P>K.  IV. 


ceedings  took  place  in  other  counties. 
One  step  led  to  another.  The  weak 
ness  of  the  government,  and  the  at 
tempts  made  by  it  to  suppress  the 
insurrection  by  persuasion  and  pro 
mises  rather  than  by  force,  induced  a 
large  body  of  men  to  organize,  under 
arms,  in  order  to  force  the  state  to 
comply  with  its  demands.  Minot,  the 
historian  of  the  Insurrection,  states, 
that  in  the  month  of  December,  in  the 
counties  of  Worcester  and  Hampshire, 
some  fifteen  hundred  men  were  em 
bodied,  and  were  headed  by  one  Dan 
iel  Shays,  who  had  been  a  captain  in 
the  continental  army. 

The  public  arsenal  at  Springfield, 
containing  arms  and  ammunition  be 
longing  to  the  United  States,  was 
threatened ;  and  the  secretary  of  war 
communicated  his  fears  to  Congress  on 
this  subject.  This  communication,  as 
well  as  a  letter  from  the  same 
officer,  concerning  some  hostile 
movements  of  the  Indians  in  the  west 
ern  country,  was  referred  to  a  commit 
tee.  In  October,  1786,  this  committee 
made  a  secret  report  to  Congress,  in 
which  they  stated,  "that  a  dangerous 
insurrection  has  taken  place,  in  divers 
parts  of  the  State  of  Massachusetts, 
which  was  rapidly  extending  its  in 
fluence;  that  the  insurgents  had  al 
ready,  by  force  of  arms,  suppressed 
the  administration  of  justice  in  several 
counties;  that  though  the  legislature 
of  said  state  was  in  session,  yet  from 
the  circumstances  attending  it,  it  would 
undoubtedly  defeat  the  object  of  the 
federal  interposition,  should  a  formal 
application  for  the  same  be  made." 
The  committee  then  added,  that  it  ap- 


1786. 


peared  to  them,  "  that  the  aid  of  the 
federal  government  is  necessary,  to 
stop  the  progress  of  the  insurgents; 
that  there  is  the  greatest  reason  to  be 
lieve,  that  unless  speedy  and  effectual 
measures  shall  be  taken  to  defeat  their 
designs,  they  will  possess  themselves  of 
the  arsenal  at  Springfield,  subvert  the 
government,  and  not  only  reduce  the 
commonwealth  to  a  state  of  anarchy 
and  confusion,  but  probably  involve 
the  United  States  in  the  calamities  of 
a  civil  war."  Under  these  circum 
stances,  the  committee  were  of  opinion, 
that  the  United  States  were  bound  by 
the  Confederation  and  good  faith,  as 
well  as  by  principles  of  friendship  and 
sound  policy,  to  be  prepared  to  extend 
such  aid  as  should  be  necessary  to  re 
store  constitutional  authority  in  Massa 
chusetts,  and  to  afford  protection  to  the 
public  stores  there  deposited.  For  these 
purposes,  the  committee  recommended 
that  a  body  of  troops  be  immediately 
raised.  The  same  committee  made  a 
public  report,  in  which  they  recommend 
ed  the  raising  of  thirteen  hundred  and 
forty  men,  ostensibly  for  the  purpose  of 
protecting  the  frontiers  against  the  hos 
tile  movements  of  the  Indians,  but  real 
ly,  to  aid  in  quelling  the  insurrection  in 
Massachusetts.  These  reports  were  ac 
cepted  by  Congress,  and  the  troops  were 
to  be  enlisted  principally  in  the  four 
New  England  states.  For  the  support 
and  payment  of  these  troops,  the  states 
were  called  upon  to  pay  into  the  public 
treasury,  by  the  first  of  June,  178Y,  their 
proportion  of  five  hundred  and  thirty 
thousand  dollars  in  specie,  and  a  loan 
of  half  a  million  of  dollars,  was  author 
ized  to  be  opened  immediately.  It  may 


Cn.  II.] 


WASHINGTON'S   APPREHENSIONS   OF  ANARCHY. 


213 


be  mentioned  here,  however,  that  the 
troops  of  the  United  States  were  not 
needed  in  New  England  for  this  pur 
pose,  Massachusetts  herself  quelling  the 
insurrection. 

The  spirit  of  rebellion  was  not  con 
fined  to  Massachusetts,  but  was  active, 
to  a  considerable  extent,  in  New  Hamp 
shire  and  Connecticut.  The  firmness 
and  decision  of  the  governments  of 
those  states,  however,  prevented  the 
insurgents  from  accomplishing  their 
designs. 

It  may  well  be  believed,  that  Wash 
ington,  at  Mount  Vernon,  was  no  unin 
terested  spectator  of  these  alarming 
proceedings  in  Massachusetts.  Writing, 
under  date  of  October  31st,  1786,  to 
Henry  Lee,  in  Congress,  who  had 
suggested  that  it  might  be  necessary 
to  resort  to  his  influence  in  quieting 
the  insurgents,  Washington  says :  "  The 
commotion  and  temper  of  numerous 
bodies  in  the  Eastern  country,  present  a 
state  of  things  equally  to  be  lamented 
and  deprecated.  They  exhibit  a  mel 
ancholy  verification  of  what  our  trans 
atlantic  foes  have  predicted,  and  of 
another  thing,  perhaps,  which  is  still 
more  to  be  regretted,  and  yet  moie 
unaccountable,  that  mankind,  when  left 
to  themselves,  are  unfit  for  their  own 
government.  I  am  mortified  beyond 
expression,  when  I  view  the  clouds 
which  have  spread  over  the  brightest 
morn  that  ever  dawned  upon  any  coun 
try.  In  a  word,  I  am  lost  in  amazement, 
when  I  behold  what  intrigue,  the  inter 
ested  views  of  desperate  characters, 
ignorance  and  jealousy  of  the  minor 
part,  are  capable  of  effecting,  as  a 
scourge  on  the  major  part  of  our  fel- 
Voi,  II.— 27 


low-citizens  of  the  Union ;  for  it  is 
hardly  to  be  supposed,  that  the  great 
body  of  the  people,  though  they  will 
not  act,  can  be  so  short-sighted, 

o 

or   enveloped    in   darkness,  as 

not  to  see  rays  of  a  distant  sun  through 

all  this  mist  of  intoxication  and  folly. 

"  You  talk,  my  good  sir.  of  employ 
ing  influence  to  appease  the  present 
tumults  in  Massachusetts.  I  know  not 
where  that  influence  is  to  be  found, 
nor,  if  attainable,  that  it  would  be  a 
proper  remedy  for  these  disorders. 
INFLUENCE  is  NOT  GOVERNMENT.  Let 
us  have  a  government,  by  which  our 
lives,  liberties,  and  properties  will  be 
secured ;  or  let  us  know  the  worst  at 
once.  Under  these  impressions,  my 
humble  opinion  is,  that  there  is  a  call 
for  decision.  Know  precisely  what  the 
insurgents  aim  at.  If  they  have  real 
grievanc<.s,  redress  them  if  possible,  or 
acknowledge  the  justice  of  them,  and 
your  inability  to  do  it  in  the  present 
moment.  If  they  have  not,  employ 
the  force  of  government  against  them 
at  once.  If  this  is  inadequate,  all 
will  be  convinced  that  the  superstruc 
ture  is  bad,  or  wants  support.  To 
be  more  exposed  in  the  eyes  of  the 
world,  and  more  contemptible,  is  hardly 
possible.  To  delay  one  or  the  other 
of  these  expedients,  is  to  exasperate  on 
the  one  hand,  or  to  give  confidence  on 
the  other,  and  will  add  to  their  num 
bers  ;  for,  like  snowballs,  such  bodies 
increase  by  every  movement,  unless 
there  is  something  in  the  way  to  ob 
struct  and  crumble  them  before  their 
weight  is  too  great  and  irresistible. 

"These  are  my  sentiments.     Prece 
dents  are  dangerous  things.     Let  the 


214 


THE   FEDERAL   CONVENTION   AND   ITS  WORK. 


[BK.  IV. 


reins  of  government,  then,  be  braced 
with  a  steady  hand,  and  every  violation 
of  the  Constitution  be  reprehended. 
If  defective,  let  it  be  amended,  but  not 
suffered  to  be  trampled  upon  while  it 
has  an  existence." 

To  others  of  his  correspondents,  es 
pecially  General  Knox  and  Colonel 
Humphreys,  Washington  wrote  in  terms 
of  deep  and  earnest  anxiety  as  to  the 
sad  and  alarming  prospect  before  them 
all. 

Finding,  says  Marshall,*  that  the 
lenient  measures  adopted  by  the  legis 
lature,  to  reclaim  the  insurgents,  only 
enlarged  their  demands  ;  and  that  they 
had  organized  a  military  force  for  the 
subversion  of  the  Constitution,  Governor 
Bowdoin  determined,  with  the  advice 
of  his  council,  on  a  vigorous  exertion  of 

O 

the  powers  he  possessed,  for  the  pro 
tection  and  defence  of  the  common 
wealth.  Upwards  of  four  thousand 
militia  were  ordered  into  service,  and 
early  in  January,  were  placed  under 
the  command  of  the  veteran  General 
Lincoln.  The  difficulty  arising  from  an 
empty  treasury  was  removed  by  the 
patriotism  of  individuals.  A 
number  of  gentlemen  in  Bos 
ton,  preceded  by  the  Governor,  sub 
scribed  a  sufficient  sum  to  carry  on  the 
proposed  expedition. 

In  the  'depth  of  winter,  the  troops 
from  the  eastern  part  of  the  state,  as 
sembled  near  Boston,  and  marched  to 
wards  the  scene  of  action.  Those  from 


*  See  Marshall's  "Life  of  Washington,"  vol.  ii., 
pp.  122,  23.  Holmes  in  his  "Annals"  gives  a  good 
abstract  of  the  history  of  the  insurrection  and  its 
termination,  drawn  from  Minot's  "History  of  the 
Insurrections  in  Massachusetts.'1'' 


1*87. 


the  western  counties,  met  in  arms,  un 
der  General  Shepard,  and  took  pos 
session  of  the  arsenal  at  Springfield. 
Before  the  arrival  of  Lincoln,  a  party 
of  insurgents  attempted  to  dislodge 
Shepard,  but  were  repulsed  with  some 
loss. 

Lincoln  urged  his  march  with  the 
utmost  celerity,  and  soon  came  up, 
Pressing  the  insurgent  army,  he  en 
deavored,  by  a  succession  of  rapid 
movements,  in  which  the  ardor  of  his 
troops  triumphed  over  the  severity  of 
the  season,  to  disperse,  or  to  bring  i' 
to  action.  Their  commanders  retreai 
ed  from  post  to  post,  with  a  celerity 
which,  for  some  time,  eluded  his  de 
signs;  and,  rejecting  every  propositioi 
to  lay  down  their  arms,  used  all  theii 
address  to  procure  a  suspension  of  hos 
tilities,  until  an  accommodation  might 
be  negotiated  with  the  legislature. 
"Applications  were  also  made,"  says 
General  Lincoln,  "  by  committees  and 
selectmen  of  the  several  towns  in  the 
counties  of  Worcester  and  Hampshire, 
praying  that  the  effusion  of  blood 
might  be  avoided,  while  the  real  de 
sign  of  these  applications  was  supposed 
to  be,  to  stay  our  operations,  until  a 
new  court  should  be  elected.  They 
had  no  doubt,  if  they  could  keep  up 
their  influence  until  another  choice  of 
the  legislature  and  of  the  executive, 
that  matters  might  be  moulded  in  gen 
eral  court  to  their  wishes.  To  avoid 
this,  was  the  duty  of  government."  In 
answer  to  their  applications,  Lincoln 
exhorted  those  towns  who  sincerely 
wished  to  put  an  end  to  the  rebellion, 
without  the  effusion  of  blood,  "  to  recall 
their  men  now  in  arms,  and  to  aid  in 


Cn.  II.] 


TUP:  STATES   APPOINT   DELEGATES. 


apprehending  all  abettors  of  those  who 
should  persist  in  their  treason,  and  all 
who  should  yield  them  any  comfort  or 
supplies." 

The  army  of  the  government  con 
tinued  to  brave  the  rigors  of  the  season, 
and  to  press  the  insurgents  without  in 
termission.  At  length,  with  the  loss 
of  a  few  killed,  and  several  prisoners, 
the  rebels,  early  in  February,  were  dis 
persed,  their  leaders  driven  out  of  the 
state,  and  this  formidable  rebellion 
quelled. 

Perhaps  nothing  short  of  the  stern 
necessity  which  existed,  of  providing 
against  the  peril  of  a  renewal  of  such 
scenes  as  these  just  narrated,  of  losing 
the  navigation  of  the  Mississippi,  and 
the  western  settlements,  of  reanimat 
ing  the  languishing,  and  almost  anni 
hilated  commerce  of  the  country,  could 
have  succeeded  in  bringing  Congress 
and  the  various  states  to  the  convic 
tion,  that  a  Convention  was  not  only 
the  best,  but,  in  fact,  the  only  prac 
ticable  mode  of  accomplishing  the  end 
universally  desired. 

The  resolve  of  Congress  was  adopt 
ed,  and  the  States  of  Virginia,  Pennsyl 
vania,  Delaware,  Georgia,  North  Caro 
lina,  New  York,  Massachusetts,  South 
Carolina,  Connecticut,  New  Jersey, 
Maryland,  and  New  Hampshire,  in  the 
order  just  named,  appointed  delegates 
to  the  Federal  Convention,  Rhode 
Island  alone  having  refused  Mr.  Cur- 

o 

tis,  in  several  eloquent  pages,*  speaks 
of  the  vast  and  decisive  importance  to 
the  interests  of  the  Union,  which  was 


"  History  of  the  Constitution,"  vol.  i.,  pp.  362- 


65 


attained  by  the  course  pursued  by 
Congress.  That  it  should  forego  the 
right  of  originating  changes  in  the  sys 
tem  of  government ;  that  it  should  ad 
vise  the  States  to  confer  that  power 
upon  a  Convention;  and  that  it  should 
sanction  a  general  revision  of  the  Fed 
eral  Constitution,  with  the  express  dec 
laration  of  its  present  inadequacy ;  were 
all  preliminaries  essential  to  a  success 
ful  reform.  For  the  Congress  of  the 
Confederation,  though  enfeebled,  and 
thinly  attended,  was  still  the  only  le 
gitimate  body  which  possessed  author 
ity  to  act  in  such  a  matter  as  this ; 
and  to  have  despised  it,  and  cast  off  all 
control,  would  have  been  attended  with 
dangers  of  the  most  serious  character. 
It  is  to  Hamilton  chiefly,  that  we'  are 
indebted  for  the  precedent,  which  wisely 
placed  the  formation  of  the  new  gov 
ernment,  under  the  direct  sanction  of 
the  old  one. 

"  But  the  reason  for  not  moving  the 
revision  of  the  system  of  government 
by  Congress  itself,  was  one  that  could 
not  be  publicly  stated.  It  was,  that 
the  highest  civil  talent  of  the  country 
was  not  there.  The  men  to  whom  the 
American  people  had  been  accustomed 
to  look  in  great  emergencies ;  the  men 
who  were  called  into  the  Convention, 
and  whose  power  and  wisdom  were 
signally  displayed  in  its  deliberations, 
were  then  engaged  in  other  spheres  of 
public  life,  or  had  retired  to  the  repose 
which  they  had  earned  in  the  great 
struggle  with  England.  Had  the  at 
tempt  been  made  by  Congress  itself, 
to  form  a  Constitution  for  the 
acceptance  of  the  States,  the 
controlling:  influence  and  wisdom  of 


216 


THE   FEDERAL  CONVENTION   AND   ITS   WORK. 


[I5K.  IV. 


Washington,  Franklin's  wide  experi 
ence  and  deep  sagacity,  the  unrivalled 
capacities  of  Hamilton,  the  brilliant 
powers  of  Governeur  Morris,  Pinck- 
ney's  fertility,  and  Randolph's  elo 
quence,  with  all  the  power  of  their  em 
inent  colleagues,  and  all  the  strength 
of  principle  and  of  character,  which 
they  brought  to  the  Convention,  would 
have  been  withheld  from  the  effort. 
One  great  man,  it  is  true,  was  there. 
Madison  was  in  Congress ;  and  Madi 
son's  part  in  the  framing  of  the  Con 
stitution,  was  eminently  conspicuous 
and  useful.  But  without  the  concen 
tration  of  talent,  which  the  Convention 
drew  together,  representing  every  in 
terest,  and  every  part  of  the  Union, 
nothing  could  have  been  presented  to 
the  States,  by  the  Congress  of  1787, 
which  would  have  commanded  their 
assent.  The  Constitution  owed  as 
much  to  the  weight  of  character  of  its 
framers,  as  it  did  to  their  wisdom  and 
ability,  for  the  intrinsic  merits  which 
that  weight  of  character  enforced." 
The  learned  author  of  the  "  History  of 
the  Constitution"  goes  on  to  speak  of 
the  fortunate  circumstance,  that  Con 
gress  did  not  undertake  to  define  the 
powers  of  the  Convention;  of  the 
nature  of  the  crisis  ;  of  the  danger  of 
attempting  to  establish  a  monarchical 
form  of  government;  of  the  difficulties 
attending  a  revisal  of  the  Federal 
Union,  arising  out  of  sectional  jeal 
ousies  and  doubts  in  the  minds  of  the 
patriots  and  statesmen  of  the  day,  re 
specting  the  expediency  of  a  Conven 
tion  ;  of  the  novelty  of  the  undertak 
ing;  and  such  like  important  and 
weighty  topics.  The  reader,  who 


wishes  to  master  this  subject,  must 
study  the  work  of  Mr.  Curtis  with  care 
and  dilifrence. 

O 

Virginia  had  placed  the  name  of 
GEORGE  WASHINGTON,  at  the  head  of 
her  delegates  to  the  Federal  Conven- 

O 

tion.  Letters  poured  in  upon  him 
from  all  quarters,  urging  his  accept 
ance  of  the  appointment.  In  answer 
to  one  from  Mr.  Madison,  who  had 
been  the  principal  advocate  of  the 
measure  in  the  Virginia  legislature, 
Washington  stated,  that  although  he 
had  retired  from  public  life  with  a 
determination  never  to  enter  it  again, 
yet  he  was  willing  that  his  country 
should  have  the  benefit  of  whatever 
power  he  possessed  to  do  her  good,  if 
he  were  not  just  then  in  rather  an  un 
pleasant  position.  "  I  presume  you 
heard,"  he  went  on  to  say,  "  that  I  was 
first  appointed,  and  have  since  been  re- 
chosen  President  of  the  Society  of  the 
Cincinnati ;  and  you  may  have  under 
stood  also,  that  the  triennial  general 
meeting  of  this  body,  is  to  be  held  in 
Philadelphia,  the  first  Monday  in  May 
next.  Some  particular  reasons,  com 
bining  with  the  peculiar  situation  of 
niy  private  concerns,  the  necessity  of 
paying  attention  to  them,  a  wish  for 
retirement,  and  relaxation  from  public 
cares,  and  rheumatic  pains,  which  I  be 
gin  to  feel  very  sensibly,  induced  me, 
on  the  31st  ultimo,  to  address  a  circu-- 
lar  letter  to  each  state  society,  inform 
ing  them  of  my  intention,  not  to  be  at 
the  next  meeting,  and  of  my  desire  not 
to  be  re-chosen  president.  The  vice- 
president  is  also  informed  of  this,  that 
the  business  of  the  society  may  not  be 
impeded  by  my  absence.  Under  these 


CFI.  II.] 


OPENING   OF  THE  CONVENTION. 


217 


circumstances,  it  will  readily  be  per 
ceived,  that  I  could  not  appear  at  the 
same  time  and  place,  on  any  other  oc 
casion,  without  giving  offence  to  a  very 
respectable  and  deserving  part  of  the 
community — the  late  officers  of  the 
American  army." 

As  it  was  of  the  very  highest  impor 
tance,  if  not  absolutely  essential,  to  the 
success  of  the  Convention  that  Wash 
ington  should  be  present,  and  throw 
the  weight  of  his  influence  in  favor  of 
its  object,  his  objections  were  overruled, 
the  meeting  of  the  Society  of  the  Cin 
cinnati  was  to  take  place  a  week  earlier 
than  the  assembling  of  the  Convention, 

O 

and  Washington  was  thereby  enabled 
to  attend,  if  he  saw  fit,  that  meeting,  and 
show  his  regard  and  esteem  for  his  be 
loved  companions  in  arms,  and  was  also 
at  liberty  to  yield  to  the  urgent  desire 
of  his  country  to  be  present  at  the 
Federal  Convention. 

On  Monday,  May  14th,  1787,  a  num 
ber  of  deputies  to  the  Federal  Conven 
tion  appeared  at  the  State  House  in  the 
city  of  Philadelphia ;  a  majority  of  the 
states,  however,  not  being  represented, 
the  members  present  adjourned  from 
day  to  day,  until  Friday,  the  25th  of 
May,  when  nine  states  were  represented 
by  twenty-nine  delegates,  and  the  Con 
vention  proceeded  to  organize  for  busi 
ness.  Washington,  as  was  every  way 
fitting,  was  placed  in  the  chair,  and  the 
illustrious  men  there  gathered 
together,  with  closed  doors,  en 
tered  upon  their  momentous  work. 
Soon  after,  the  delegates  from  two  other 
states  appeared  ;  and  towards  the  close 
of  July,  all  the  states,  except  Rhode 
Island,  had  delegates  in  the  Convention. 


Our  limits  do  not  admit  that  we 
should  go  much  into  detail  in  giving  an 
account  of  the  Convention  and  its  work. 
The  journal  of  the  Federal  Convention, 
published  by  order  of  Congress,  in 
1819,  and  the  carefully  compiled  nar 
rative  of  Pitkin,  will  give  the  reader 
the  fullest  and  best  information  which 
is  readily  accessible.  We  shall  now 
only  undertake  to  point  out  the  more 
important  steps  taken,  asking  attention 
to  certain  papers  which  were  discussed 
with  great  care  and  earnestness,  and 
out  of  which  finally  was  elaborated 
that  Constitution  of  the  United  States, 
which  was  submitted  to  the  people  for 
their  adoption. 

Having  resolved,  among  the  Rules 
of  Order,  that  "a  house,  to  do  business, 
shall  consist  of  the  deputies  of  not  less 
than  seven  states,  and  all  questions 
shall  be  decided  by  the  greater  num 
ber  of  these  which  shall  be  fully  repre 
sented  ;"  this  august  assembly  seemed 
to  be  impressed,  from  the  very  first, 
with  the  conviction,  that  simply  to 
revise  the  Articles  of  Confederation, 
which  was  all  that  was  contemplated 
by  the  Resolution  of  Congress,  under 
the  sanction  of  which  they  were  met, 
was  entirely  insufficient  to  remedy  the 
glaring  defects  of  the  existing  govern 
ment.  Thoroughly  conscious  of  the 
vast  difficulties  in  the  way,  and  pain 
fully  aware  of  the  wide  spread  suffer 
ings,  and  trials,  and  distress,  in  which 

o     ' 

the  Union  was  involved  at  the  time, 
these  ffreat  and  wise  statesmen  and 

o 

patriots  nerved  themselves  to  the  work 
of  endeavoring  to  prepare  such  a  Con 
stitution  as  would,  while  preserving 
the  separate  existence  and  importance 


218 


THE  FEDERAL   CONVENTION   AND   ITS   WORK. 


[BK.   IV. 


1787. 


of  each  and  every  state,  combine  them 
into  one  great  Confederacy,  as  the  OISTE 
PEOPLE  of  the  United  States  of  Amer 
ica. 

On  the  29th  of  May,  Mr.  Edmund 
Randolph  submitted  to  the  Conven 
tion  the  following  fifteen  Reso 
lutions  as  the  basis  of  a  new 
Constitution.* 

1.  Re-solved,  That  the  Articles  of  the 
Confederation  ought  to  be  so  corrected 
and  enlarged,  as  to  accomplish  the  ob 
jects   proposed    by   their   institution, 
namely,  common  defence,  security  of 
liberty,  and  general  welfare. 

2.  Resolved,  Therefore,  that  the  right 
of  suffrage,  in  the  national  legislature, 
ought  to  be  proportioned  to  the  quotas 
of  contribution,  or  to  the  number  of 
free  inhabitants,  as  the  one  or  the  other 
may  seem  best,  in  different  cases. 

3.  Resolved,  That  the  national  legis 
lature  ousrht  to  consist  of  two  branches. 

O 

4.  Resolved,  That  the  members  of 
the  first  branch  of  the  national  legisla 
ture  ought  to  be  elected  by  the  peo 
ple  of  the  several  states,  every 

for  the  term  of ;  to  be  of  the 

age  of years,  at  least ;  to  re 
ceive  liberal  stipends,  by  which  they 
may  be  compensated  for  the  devotion 
of  their  time  to  public  service  ;  to  be 
ineligible  to  any  office  established  by 
a  particular  state,  or  under  the  author 
ity  of  the  United  States,  (except  those 
peculiarly  belonging  to  the  functions  of 
the  first  branch,)  during  the  term  of 

service,  and  for  the  space  of 

after  its  expiration ;    to  be  incapable 


*  "See  "Journal  of  the  Federal  Convention"  pp. 
67-70. 


of  re-election  for  the  space  of 

after  the  expiration  of  their  term  of 
service  ;  and  to  be  subject  to  recall. 

5.  Resolved,  That  the  members  of 
the  second  branch  of  the  national  leg 
islature  ought  to  be  elected  by  those  of 
the  first,  out  of  a  proper  number  of 
persons  nominated   by  the  individual 

legislatures ;  to  be  of  the  age  of 

years,  at  least ;  to  hold  their  offices  for 
a  term  sufficient  to  insure  their  inde 
pendency  ;  to  receive  liberal  stipends, 
by  which  they  may  be  compensated 
for  the  devotion  of  their  time  to  the 
public  service  ;  and  to  be  ineligible  to 
any  office  established  by  a  particular 
state,  or  under  the    authority  of  the 
United  States,  (except  those  peculiarly 
belonging    to    the    functions    of    the 
second  branch,)   during  the  term  of 

service;  and  for  the  space  of 

after  the  expiration  thereof. 

6.  Resolved.  That  each  branch  ousvht 

'  o 

to  possess  the  right  of  originating  acts ; 
that  the  national  legislature  ought  to 
be  empowered  to  enjoy  the  legislative 
right  vested  in  Congress,  by  the  Con 
federation  ;  and  moreover  to  legislate 
in  all  cases  to  which  the  separate  states 
are  incompetent,  or  in  which  the  har 
mony  of  the  United  States  may  be  in 
terrupted  by  the  exercise  of  individual 
legislation ;  to  negative  all  laws  passed 
by  the  several  states,  contravening,  in 
the  opinion  of  the  national  legislature, 
the  Articles  of  Union,  or  any  treaty 
subsisting  under  the  authority  of  the 
Union ;  and  to  call  forth  the  force  of 
the  Union  against  any  member  of  the 
Union  failing  to  fulfil  its  duty  under 
the  Articles  thereof. 

1.  Resolved,  That  a  national  execu- 


CH.  II.] 


THE  VIRGINIA   PLAN. 


219 


tive  be  instituted,  to  be  chosen  by  the 
national  legislature,  for  the  term  of 

O  i 

years;  to  receive  punctually, 

at  stated  times,  a  fixed  compensation 
for  the  services  rendered,  in  Avhich  no 
increase  or  diminution  shall  be  made, 
so  as  to  affect  the  magistracy  existing 
at  the  time  of  the  increase  or  diminu 
tion  ;  to  be  ineligible  a  second  time ; 
and  that,  besides  a  general  authority 
to  execute  the  national  laws,  it  ought 
to  enjoy  the  executive  rights  vested  in 
Congress  by  the  Confederation. 

8.  Resol/ued,  That  the  executive,  and 
a  convenient  number  of  the  national 
judiciary,  ought  to  compose  a  council 
of  revision,  with  authority  to  examine 
every  act  of  the  national  legislature, 
before  it  shall  operate,  and  every  act 
of    a   particular   legislature    before   a 
negative  thereon  shall  be  final ;    and 
that   the   dissent  of  the   said  council 
shall  amount  to  a  rejection,  unless  the 
act  of  the  national  legislature  be  ac;ain 

O  O 

passed,  or  that  of  a  particular  legisla 
ture  be  again  negatived  by of 

the  members  of  each  branch. 

9.  Resolved,  That  a  national  judiciary 

be  established ;  to  hold  their 

offices  during  good  behavior ;   and  to 
receive    punctually,   at   stated    times, 
fixed  compensation  for  their  services, 
in   which   no   increase    or   diminution 
shall  be  made,  so  as  to  affect  the  per 
sons  actually  in  oifice  at  the  time  of 
such  increase  or  diminution.     That  the 
jurisdiction  of  the  inferior  tribunals, 
shall  be,  to  hear  and  determine,  in  the 
first  instance,  and  of  the  supreme  tri 
bunal,  to  hear  and  determine  in  the 
dernier  resort,  all  piracies  and  felonies 
on   the   high  seas ;   captures  from  an 


enemy;  cases  in  which  foreigners,  or 
citizens  -of  other  states,  applying  to 
such  jurisdictions,  may  be  interested, 
or  which  respect  the  collection  of  the 
national  revenue ;  impeachments  of  any 
national  officer;  and  questions  which 
involve  the  national  peace  or  harmony. 

10.  Resol/ved,  That  provision  ought 
to  be  made  for  the  admission  of  states, 
lawfully  arising  within  the  limits  of  the 
United  States,  whether  from  a  volun 
tary  junction  of  government  and  terri 
tory,  or  otherwise,  with  the  consent  of 
a   number  of  voices  in   the   national 
legislature  less  than  the  whole. 

11.  Resolved,  That  a  republican  gov 
ernment,    and    the   territory   of    each 
state,  (except  in  the  instance  of  a  vol 
untary  junction  of  government  and  ter 
ritory,)  ought  to  be  guaranteed  by  the 
United  States  to  each  state. 

12.  Resolved,  That  provision  ought 
to  be  made  for  the  continuance  of  a 
Congress,    and    their   authorities   and 
privileges,  until  a  given  day,  after  the 
reform  of  the  Articles  of  Union  shall 
be  adopted,  and  for  the  completion  of 
all  their  engagements. 

13.  Resolved,  That  provision  ought 
to  be  made  for  the  amendment  of  the 
Articles  of  Union,  whensoever  it  shall 
seem  necessary ;  and  that  the  assent  of 
the  national  legislature  ought  not  to 
be  required  thereto. 

14.  Resolved,   That   the   legislative, 
executive,  and  judiciary  powers  within 
the  several  states  ought  to  be  bound 
by  oath  to  support   the   Articles  of 
Union. 

15.  Resolved,  That  the  amendments, 
which  shall  be  offered  to  the  Confed 
eration  by  the  Convention,  ought,  at  a 


220 


THE  FEDERAL  CONVENTION  AND   ITS   WORK. 


[BK.  IV 


proper  time  or  times,  after  the  appro 
bation  of  Congress,  to  be  submitted  to 
an  assembly  or  assemblies  of  represen 
tatives,  recommended  by  the  several 
legislatures,  to  be  expressly  chosen 
by  the  people  to  consider  and  decide 
thereon. 

Mr.  Charles  Pinckney,  of  South  Car 
olina,  also  laid  before  the  House,  for 
their  consideration,  a  Draft  of  a  Fede 
ral  Government  to  be  agreed  upon  be 
tween  the  free  and  independent  states 
of  America. 

The  resolutions  of  Mr.  Randolph, 
which  are  known  as  "the  Virginia 
Plan,"  were  referred  to  a  Committee 
of  the  whole  House,  and  were  dis 
cussed  with  great  care  during  the  next 
two  weeks.  On  the  lYth  of  June,  the 
committee  of  the  whole  reported  nine 
teen  resolutions  to  the  Convention. 

Mr.  Patterson,  of  New  Jersey,  on  the 
15th  of  June,  submitted  certain  propo 
sitions   to  the   Convention,    as 
i*ysTi»  . 

amendments    to    the    Articles 

of  Confederation.  These  propositions, 
called  "  the  Jersey  Plan,"  probably 
expressed  the  views  of  those  who  de 
sired  to  go  no  further  than  to  revise 
the  Articles  of  Confederation.  These 
propositions  were  debated  for  several 
days,  but  were  finally  rejected  by 
seven  states  against  three,  and  one  di- 

O  * 

vided. 

Mr.  Hamilton,  on  the  18th  of  June, 
in  a  speech  on  Mr.  Patterson's  propo 
sitions,  read  to  the  Convention  a  paper 
containing  his  ideas  of  a  suitable  plan 
of  government  for  the  United  States. 
For  this  interesting  paper,  together 
with  a  letter  from  Hamilton,  at  a  later 
date,  the  reader  is  referred  to  Ap 


pendix  I.,  at  the  end  of  the  present 
chapter. 

On  the  19th  of  June,  the  Conven 
tion  resumed  the  consideration  of  the 
resolutions  of  Mr.  Randolph.,  as  amend 
ed  in  committee.  They  were  the  sub 
ject  of  debate  and  amendment  until 
the  4th  of  July,  when,  with  the  ex 
ception  of  those  relative  to  the  Execu 
tive,  they  were  referred  to  a  "  Com 
mittee  of  Detail,"  consisting  of  Mr. 
Rutledge,  Mr.  Randolph,  Mr.  Grorham, 
Mr.  Ellsworth,  and  Mr.  Wilson,  for  the 
purpose  of  reducing  them  to  the  form 
of  a  Constitution.  On  the  26th  of  July, 
twenty-three  resolutions,  adopted  and 
elaborated  by  the  Convention,  were  re 
ferred,  together  with  the  plan  of  Mr. 
C.  Pinckney,  and  the  propositions  of 
Mr.  Patterson,  to  the  same  committee, 
to  report  a  draft  of  a  Constitution. 

The  House  having  adjourned  to  the 
6th  of  August,  the  committee  then  re- 

O  i 

ported  a  draft  of  a  Constitution.  This 
was  under  debate  until  the  8th  of  Sep 
tember,  when  a  committee  was  appoint 
ed  by  ballot,  consisting  of  Mr.  John 
son,  Mr.  Hamilton,  Mr.  G.  Morris,  Mr. 
Madison,  and  Mr.  King,  "  to  revise  the 
style  of,  and  arrange  the  Articles  agreed 
to  by  the  House."  On  the  12th,  this 
committee  reported  a  revised  draft  of 
the  Constitution.*  The  Constitution^ 
was  engrossed,  and  the  members  hay- 


*  The  text  of  the  Constitution,  as  finally  adopted, 
was  prepared  by  the  facile  pen,  and  owes  its  lumi 
nous  order  to  the  clear,  comprehensive  mind  of  Gouv- 
erneur  Morris.  See  his  Life,  by  Jared  Sparks,  vol.  i., 
p.  284. 

t  For  a  list  of  the  members  of  the  Convention 
which  formed  the  Constitution,  see  Appendix  II.,  at 
the  end  of  the  present  chapter. 


CH.  II.] 


DEBATE   ON   FUNDAMENTAL   QUESTIONS. 


ing  signed  it,  the  Convention,  on  the 
17th  of  September,  adjourned  sine  die. 

There  does  not  appear  to  have  been 
much  difference  of  opinion  in  the  Con 
vention,  as  to  the  propriety  and  import 
ance  of  establishing  the  national  gov 
ernment,  in  its  three  grand  divisions 
of  a  supreme  legislative,  executive  and 
judicial  authority.  In  respect,  how 
ever,  to  the  arrangement  arid  harmon 
izing  these  three  great  co-ordinate  de 
partments,  the  relative  weight  of  the 
several  states  in  these  departments,  and 
the  powers  with  which  each  should  be 
invested,  there  were  very  serious  differ 
ences  of  sentiment,  and  the  questions 
were  debated  Avith  great  earnestness, 
eloquence,  and  force  of  argument.  It 
having  been  determined,  that  the  leg 
islature  should  be  divided  into  two 
branches — viz.,  a  House  of  Representa 
tives  and  a  Senate,  the  question  imme 
diately  came  up  as  to  the  votes  of  the 
states  in  these  branches.  The  larger 
and  the  smaller  states,  it  was  supposed, 
had  diverse  interests,  and  the  latter 
feared,  that  the  former  would  not  re 
spect  the  rights  of  the  others.  The 
smaller  states,  after  some  discussion, 
yielded  the  point  in  regard  to  the 
House,  consenting  that  the  number  of 
members  from  each  state  should  be  in 
proportion  to  the  whole  number  of 
white  or  other  free  citizens  in  each,  in 
cluding  those  bound  to  service  for  a 
term  of  years,  and  three-fifths  of  all 
other  persons.  But  they  absolutely 
refused  to  agree  to  any  thing  less  than 
an  equal  vote  in  the  Senate. 

The  larger  states  were  very  unwilling 
to  allow  this  equality  of  vote  in  the 
Senate,  and  for  a  time,  the  question 

VOL.  II.— 28 


1787. 


hung  in  doubt  in  the  Convention.  Mr. 
Ellsworth  moved  again,  on  the  29th  of 
June,  "  that  in  the  second  branch,  each 
state  should  have  an  equal  vote."  This 
produced  a  long  and  violent 
debate,  in  which  Mr.  Ellsworth, 
Mr.  Baldwin,  Mr.  Wilson,  Mr.  Madi 
son,  Dr.  Franklin,  and  others,  partici 
pated.*  On  the  2d  of  July,  the  ques 
tion  was  taken  on  Mr.  Ellsworth's  mo 
tion,  and  five  states  were  in  favor  of  it, 
five  against  it,  and  one  divided ;  so  the 
motion  was  lost.  Connecticut,  New 
York,  New  Jersey,  Delaware  and  Mary 
land,  were  in  the  affirmative  ;  Massa 
chusetts,  Pennsylvania,  Virginia,  North 
Carolina  and  South  Carolina,  were  in 
the  negative  ;  and  Georgia  was  divided. 

The  Convention  seemed  now  to  be 
at  a  stand-still,  and  a  compromise  of 
some  kind  was  absolutely  necessary. 
Mr.  Martin,  of  Maryland,  declared  that 
each  state  must  have  an^qual  vote,  or 
the  business  of  the  Convention  was  at 
an  end.  Mr.  C.  C.  Pinckney  moved  the 
appointment  of  a  committee  on  the 
subject,  which  was  advocated  by  Mr. 
Sherman,  Mr.  Gerry  and  others.  Mr. 
Gerry  observed,  that  the  world  expect 
ed  something  from  them — if  we  do 
nothing,  we  must  have  war  and  confu 
sion — the  old  Confederation  would  be 
at  an  end.  Let  us  see  if  concessions 
cannot  be  made ;  accommodation  is 
absolutely  necessary,  and  defects  may 
be  amended  by  a  future  Convention. 

It  was  while  this  exciting  subject 
was  under  consideration,  that  Dr. 


*  For  an  abstract  of  this  debate,  see  Pitkin's  "  Po 
litical  and  Civil  History  of  the  United  Statet,"  voL 
ii.,  pp.  233-245. 


THE   FEDERAL  CONVENTION   AND   ITS   WORK. 


K.  IV. 


Franklin  made  a  speech,  which  is 
preserved  in  his  works,  in  advocacy  of 
the  need  of  prayers  being  offered  up 
in  the  Convention  every  morning. 

"  MR.  PRESIDENT,"  the  wise  old  man 
said,  "The  small  progress  we  have 
made,  after  four  or  five  weeks'  close  at 
tendance  and  continual  reasonings  with 
each  other,  our  different  sentiments  on 
almost  every  question,  several  of  the 
last  producing  as  many  noes  as  ayes,  is 
methinks  a  melancholy  proof  of  the 
imperfection  of  the  human  understand 
ing.  We  indeed  seem  to  feel  our  own 
want  of  political  wisdom,  since  we 
have  been  running  all  about  in  search 
of  it.  We  have  gone  back  to  ancient 
history  for  models  of  government,  and 
examined  the  different  forms  of  those 
republics,  which,  having  been  originally 
formed  with  the  seeds  of  their  own  dis 
solution,  now  no  longer  exist ;  and  we 
have  viewed  ^nodern.  states  all  round 
Europe,  but  find  none  of  their  consti 
tutions  suitable  to  our  circumstances. 
In  this  situation  of  this  Assembly,  grop 
ing,  as  it  were,  in  the  dark,  to  find  po 
litical  truth,  and  scarce  able  to  distin 
guish  it  when  presented  to  us,  how  has 
it  happened,  Sir,  that  we  have  not 
hitherto  once  thought  of  humbly  ap 
plying  to  the  Father  of  Lights  to  illu 
minate  our  understandings?  In  the 
beginning  •  of  the*  contest  with  Britain, 
when  we  were  sensible  of  danger,  we 
had  daily  prayers  in  this  room  for  the 
divine  protection  !  Our  prayers,  Sir, 
were  heard ; — and  they  were  graciously 
answered.  All  of  us,  who  were  engag 
ed  in  the  struggle,  must  have  observed 
frequent  instances  of  a  superintending 
Providence  in  our  favor.  To  that  kind 


Providence  we  owe  this  happy  oppor 
tunity  of  consulting  in  peace  on  the 
means  of  establishing  our  future  na 
tional  felicity.  And  have  we  now  for 
gotten  that  powerful  Friend? — or  do  we 
imagine  we  no  longer  need  his  assist 
ance  ?  I  have  lived,  Sir,  a  long  time ; 
and  the  longer  I  live,  the  more  con 
vincing  proofs  I  see  of  this  truth,  That 
GOD  governs  in  the  affau'8  of  nwn! 
And  if  a  sparrow  cannot  fall  to  the 
ground  without  his  notice,  is  it  proba 
ble  that  an  empire  can  rise  without  his 
aid  ?  We  have  been  assured,  Sir,  in 
the  Sacred  Writings,  that  '  except  the 
Lord  build  the  house,  they  labor  in 
vain  that  build  it.'  I  firmly  believe 
this;  and  I  also  believe,  that  without 
his  concurring  aid,  we  shall  succeed  in 
this  political  building  no  better  than 
the  builders  of  Babel :  we  shall  be  di 
vided  by  our  little  partial  local  inter 
ests,  our  projects  will  be  confounded, 
and  we  ourselves  shall  become  a  re 
proach  and  a  by-word  down  to  future 
ages.  And  what  is  worse,  mankind 
may  hereafter,  from  this  unfortunate 
instance,  despair  of  establishing  gov 
ernment  by  human  wisdom,  and  leave 
it  to  chance,  war,  and  conquest. 

"I   therefore    bee;   leave    to   move, 

O 

That  henceforth  prayers,  imploring  the 
assistance  of  Heaven,  and  its  blessings 
on  our  deliberations,  be  held  in  this 
Assembly  every  morning,*  before  we 
proceed  to  business ;  and  that  one  or 


*  Dr.  Franklin's  note  upon  this,  is  both  curious  and 
instructive  ; — "The  Convention,  except  three  or  four 
persons,  thought  prayers  unnecessary  !"  On  the  sub 
ject  of  Franklin's  religious  opinions,  see  Sparks's 
"L(fe  of  Franklin?  pp.  515-17.  Also,  "  Writings 
of  Franklin?  vol.  v.,  p.  153. 


CH.  II.] 


BALANCING   OF   POWERS. 


223 


1787. 


more  of  the  clergy  of  this  city  be  re 
quested  to  officiate  in  that  service." 

Mr.  Pinckney's  motion  having  pre 
vailed,  a  committee  of  one  from  each 
state  was  appointed — viz.,  Mr.  Gerry, 
from  Massachusetts ;  Mr.  Ellsworth, 
from  Connecticut;  Mr.  Yates,  from 
New  York ;  Mr.  Patterson,  from  New 
Jersey;  Dr.  Franklin,  from  Pennsyl 
vania  ;  Mr.  Bradford,  from  Delaware  ; 
Mr.  Martin,  from  Maryland ;  Mr.  Mason, 
from  Virginia  ;  Mr.  Davie,  from  North 
Carolina;  Mr.  Rutledge,  from  South 
Carolina ;  and  Mr.  Baldwin,  from  Geor 
gia.  The  Convention  then  adjourned 
for  three  days. 

The  Committee,  happily,  in  a  spirit 
of  compromise,  on  the  5th  of  July,  re 
ported  to  the  Convention,  recommend 
ing  two  propositions,  on  con 
dition  that  both  should  be  gen 
erally  adopted.  These  propositions 
were : — 

1.  That,  in  the  first  branch  of  the 
legislature,  each  of  the  states  now  in 
the  Union,  be  allowed  one  member  for 
every  forty  thousand  inhabitants,  of 
the  description  reported  in  the  seventh 
resolution  of  the  Committee  of  the 
whole  House  ;  that  each  state  not  con 
taining  that  number,  shall  be  allowed 
one  member ;  that  all  bills  for  raising 
or  appropriating  money,  and  for  fixing 
the  salaries  of  the  officers  of  the  gov 
ernment  of  the  United  States,  shall 
originate  in  the  first  branch  of  the 
legislature,  and  shall  not  be  altered  or 
amended  by  the  second  branch;  and 
that  no  money  shall  be  drawn  from  the 
public  treasury,  but  in  pursuance  of  ap 
propriations  to  be  originated  in  the 
first  branch. 


2.  That,  in  the  second  branch  of  the 
legislature,  each  state  shall  have  one 
vote. 

The  power  of  raising  and  appropri 
ating  money,  and  fixing  the  salaries  of 
the  officers,  was  given  to  the  House  of 
Representatives,  where  the  states  were 
represented  by  the  number  of  their  in 
habitants,  as  a  balance  to  the  powers 
of  the  Senate,  where  they  were  to  be 
equally  represented.  On  the  question 
of  vesting  the  House  with  the  exclusive 
power  of  raising  and  appropriating 
money,  and  fixing  the  salaries  of  the 
officers,  the  states  were  divided  in  the 
following  manner : — Connecticut,  New 
Jersey,  Delaware,  Maryland,  and  North 
Carolina,  in  the  affirmative :  Pennsyl 
vania,  Virginia,  and  South  Carolina, 
in  the  negative  ;  Massachusetts,  New 
York,  and  Georgia,  divided.  Nine 
states  against  two,  determined,  that 
this  was  a  decision  of  the  question  in 
the  affirmative.  On  that  part  of  the 
report  of  the  Committee,  recommend 
ing,  that  each  state  have  an  equal  vote 
in  the  Senate,  on  the  Yth  of  July,  Con 
necticut,  New  York,  New  Jersey,  Del 
aware,  Maryland,  and  North  Carolina, 
were  in  the  affirmative  ;  Pennsylvania, 
Virginia,  and  South  Carolina,  in  the 
negative ;  Massachusetts  and  Georgia, 
divided.* 

This  great  question,  as  to  its  prin 
ciple,  having  been  thus  settled,  the 
Convention  were  at  liberty  to  proceed, 


*  Mr.  Lansing  and  Mr.  Yates,  delegates  from  New 
York,  considering  that  the  Convention  were  trans 
cending  their  powers,  returned  home  about  the  llth 
of  July.  Mr.  Hamilton,  the  other  New  York  dele 
gate,  remained  to  the  close  of  the  Convention,  and 
signed  the  Constitution. 


224 


THE  FEDERAL  CONVENTION   AND   ITS   WORK. 


[BK.    IV. 


as  they  did,  to  arrange  the  details  in 
respect  to  the  House  of  Represent 
atives  and  the  Senate  of  the  United 
States. 

It  is  not  necessary  that  we  should 
enlarge  upon  the  other  difficult  and 
delicate  topics  which  occupied  the  at 
tention  of  the  Convention ;  such  as, 
the  powers  granted  to  Congress;  the 
restrictions  on  the  powers  of  the  states ; 
the  organization  and  powers  of  the  Ex 
ecutive  ;  the  formation  of  the  supreme 
judiciary ;  the  importing  of  slaves ;  the 
powers  of  Congress  relative  to  naviga 
tion  acts ;  etc.  The  same  spirit  of  com 
promise,  as  spoken  of  above,  was  con 
tinually  called  into  action ;  and  the 
members  of  this  august  assemblage 
found,  that  mutual  concessions  were  ab 
solutely  requisite,  and  that  no  one  of 
them  was  able  to  obtain  such  a  Con 
stitution  as  he  hoped  for  or  expected.* 

The  Convention  provided  that  the 
ratification  of  nine  states  should  be 
sufficient  for  the  establishment  of  the 
new  system  among  the  states  so  ratify 
ing  the  same.  Having  experienced 
the  evils  arising  from  that  part  of  the 
old  system  of  the  general  government, 
which  required  the  assent  of  every  state 
to  any  amendment,  the  members  of  the 


*  Mr.  Madison  mentions,  as  illustrating  Franklin's 
tact,  that,  at'  the  close  of  the  Convention,  when  the 
members  were  signing  the  Constitution,  the  aged  phi 
losopher  pointed  to  a  sun  painted  upon  the  back  of 
the  president's  chair,  and,  remarking  with  a  smile, 
that  painters  had  generally  found  it  difficult,  in  their 
art,  to  distinguish  a  rising  from  a  setting  sun,  went 
on  to  say,  "I  have  often  and  often,  in  the  course  of 
the  session,  and  the  vicissitude  of  my  hopes  and  fears 
as  to  its  issue,  looked  at  that  sun  behind  the  presi 
dent,  without  being  able  to  tell  whether  it  was  rising 
or  setting ;  but  now,  at  length,  I  have  the  happiness 
to  know  that  it  is  a  rising  and  not  a  setting  sun." 


Convention  very  wisely  ordered  in  the 
Constitution,  that  Congress,  whenever 
two-thirds  of  both  Houses  deemed  it 
necessary,  should  propose  amendments ; 
or,  on  the  application  of  the  legisla 
tures  of  two-thirds  of  the  several  states, 
should  call  a  Convention  for  proposing 
amendments,  which,  in  either  case, 
should  be  valid,  as  part  of  the  Con- 
titution,  when  ratified  by  the  legis 
latures  or  conventions  of  three-fourths 
of  the  several  states  ;  with  a  proviso, 
however,  that  no  amendment  which 
should  be  made,  prior  to  the  year 
1808,  should  in  any  manner,  affect  the 
rights  of  the  states  to  bring  in  slaves ; 
and  tliat  no  state,  without  its  consent, 
should  be  deprived  of  its  equal  suffrage 
in  tlie  Senate* 

A  few  days  before  the  close  of  the 
Convention,  Washington  prepared  and 
submitted  a  draft  of  a  letter  to 
Congress,  which  was  adopted. 
The    Constitution    having   been  duly 
signed,  it  was  transmitted  to  Congress, 


*  Amendments  were  proposed  and  even  adopted  un 
til  the  very  last  day  of  the  session.  The  ratio  of  repre 
sentation  having  been  fixed  at  one  representative  for 
every  forty  thousand  inhabitants,  on  the  last  day,  the 
17th  of  September,  Washington  rose  and  remarked, 
in  substance,  that  "though  he  was  sensible  of  the 
impropriety  of  the  chairman's  intermingling  in  the 
debates,  yet  he  could  not  help  observing,  that  the 
small  number  which  constituted  the  representative 
body,  appeared  to  him  a  defect  in  the  plan — that  it 
would  better  suit  his  ideas,  and  he  believed  it  would 
be  more  agreeable  to  the  people,  if  the  number 
should  be  increased,  and  that  the  ratio  should  be  one 
for  every  thirty  thousand.'1'1  The  motion  for  reduc 
ing  the  ratio  to  this  number  was  immediately  put, 
and  almost  unanimously  carried.  This  is  but  one  in 
stance  of  the  influence  of  that  great  man  in  the  Fed 
eral  Convention;  and  there  can  be  no  doubt,  his 
influence  was  also  felt  in  other  instances,  though  per 
haps  not  in  so  direct  a  manner,  during  the  long 
deliberations  of  that  body. 


CH.  II.] 


THE  LETTER  TO   CONGRESS. 


225 


with  the  letter  from  the  President  of 
the  Convention. 

"!N  CONVENTION,  Sept.  17,  1787. 

"  SIK, — We  have  now  the  honor  to 
submit  to  the  consideration  of  the 
United  States,  in  Congress  assembled, 
that  Constitution  which  has  appeared 
to  us  the  most  advisable. 

"The  friends  of  our  country  have 
long  seen  and  desired,  that  the  power 
of  making  war,  peace  and  treaties;  that 
of  levying  money,  and  regulating  com 
merce,  and  the  correspondent  executive 
and  judicial  authorities,  should  be  fully 
and  effectually  vested  in  the  general 
government  of  the  Union :  but  the  im 
propriety  of  delegating  such  extensive 
trust  to  one  body  of  men  is  evident. 
Hence  results  the  necessity  for  a  differ 
ent  organization. 

"  It  is  obviously  impracticable  in  the 
federal  government  of  these  states,  to 
secure  all  the  rights  of  independent  sov 
ereignty  to  each,  and  yet  provide  for 
the  interest  and  safety  of  all.  Indi 
viduals  entering  into  society,  must  give 
up  a  share  of  liberty,  to  preserve  the 
rest.  The  magnitude  of  the  sacrifice 
must  depend,  as  well  on  situation  and 
circumstance,  as  on  the  object  to  be 
obtained.  It  is  at  all  times  difficult  to 
draw  with  precision  the  line  between 
those  rights  which  must  be  surren 
dered,  and  those  which  may  be  re 
served  ;  and,  on  the  present  occasion, 
this  difficulty  was  increased  by  a  dif 
ference  among  the  several  states,  as  to 
their  situation,  extent,  habits,  and  par 
ticular  interests. 

"  In  all  our  deliberations  on  this  sub 


ject,  we  kept  steadily  in  our  view,  that 
which  appears  to  us  the  greatest  in 
terest  of  every  true  American,  the 
consolidation  of  our  Union,  in  Avhich  is 
involved  our  prosperity,  felicity,  safety, 
perhaps  our  national  existence.  This 
important  consideration,  seriously  and 
deeply  impressed  on  our  minds,  led 
each  state  in  the  Convention  to  be  less 
rigid  on  points  of  inferior  magnitude, 
than  might  have  been  otherwise  ex 
pected,  and  thus  the  Constitution,  which 
we  now  present,  is  the  result  of  a  spirit 
of  amity,  and  of  that  mutual  deference 
and  concession,  which  the  peculiarity 
of  our  political  situation  rendered  in 
dispensable. 

"  That  it  will  meet  the  full  and  en 
tire  approbation  of  every  state,  is  not 
perhaps  to  be  expected :  but  each  state 
will  doubtless  consider,  that  had  her 
interests  alone  been  consulted,  the  con 
sequences  might  have  been  par 
ticularly  disagreeable  or  inju 
rious  to  others :  that  it  is  liable  to  as 
few  exceptions  as  could  reasonably 
have  been  expected,  we  hope  and  be 
lieve  ;  that  it  may  promote  the  lasting 
walfare  of  that  country  so  dear  to  us 
all,  and  secure  her  freedom  and  happi 
ness,  is  our  most  ardent  wish. 

"With  great  respect,  we   have  the 
honor   to    be,    Sir,    your  Excellency's 
most  obedient  and  humble  Servants. 
"GEORGE  WASHINGTON, 

"  President. 

"  By  unanimous  Order  of  the  Convention. 
"  His  EXCELLENCY  THE  PRESIDENT  OF  CONGRESS." 

We  give  this  important  document  in 
full,  as  contained  in  the  Supplement  to 
the  Journal  of  the  Federal  Convention. 


1787. 


THE  FEDERAL  CONVENTION   AND   ITS   WORK. 


[BK.  IV. 


THE    CONSTITUTION   OF  THE   UNITED 

STATES. 

WE,  the  people  of  the  United  States, 
in  order  to  form  a  more  perfect  union, 
establish  justice,  ensure  domestic  tran 
quillity,  provide  for  the  common  de 
fence,  promote  the  .general  welfare, 
and  secure  the  blessings  of  liberty  to 
ourselves  and  our  posterity,  do  ordain 
and  establish  this  Constitution  for  the 
United  States  of  America. 

ARTICLE    I. 

SECT.  1.  All  legislative  powers  here 
in  granted,  shall  be  vested  in  a  Con 
gress  of  the  United  States,  which  shall 
consist  of  a  senate  and  house  of  rep 
resentatives. 

SECT.  2.  The  house  of  representa 
tives  shall  be  composed  of  members 
chosen  every  second  year  by  the 
people  of  the  several  states ;  and  the 
electors  in  each  state,  shall  have  the 
qualifications  requisite  for  electors  of 
the  most  numerous  branch  of  the  state 
legislature. 

No  person  shall  be  a  representative, 
who  shall  not  have  attained  to  the  age 
of  twenty-five  years,  and  been  seven 
years  a  citizen  of  the  United  States, 
and  who  shall  not,  when  elected,  be  an 
inhabitant  of  that  state  in  which  he 
shall  be  chosen. 

Representatives  and  direct  taxes 
shall  be  apportioned  among  the  sev 
eral  states  which  may  be  included 
within  this  union,  according  to  their 
respective  numbers,  which  shall  be  de 
termined,  by  adding  to  the  whole  num 
ber  of  free  persons,  including  those 
bound  to  service  for  a  term  of  years, 
and  excluding  Indians  not  taxed,  three- 
fifths  of  all  other  persons.  The  actual 


enumeration  shall  be  made  within 
three  years  after  the  first  meeting  of 
the  Congress  of  the  United  States,  and 

o 

within  every  subsequent  term  of  ten 
years,  in  such  manner  as  they  shall  by 
law  direct.  The  number  of  represent 
atives  shall  not  exceed  one  for  every 
thirty  thousand,  but  each  state  shall 
have,  at  least,  one  representative  ;  and 
until  such  enumeration  shall  be  made, 
the  state  of  New  Hampshire  shall  be 
entitled  to  choose  three,  Massachusetts 
eight,  Rhode  Island  and  Providence 
Plantations  one,  Connecticut  five,  New 
York  six,  New  Jersey  four,  Pennsyl 
vania  eight,  Delaware  one,  Maryland 
six,  Virginia  ten,  North  Carolina  five, 
South  Carolina  five,  and  Georgia  three. 

When  vacancies  happen  in  the  rep 
resentation  from  any  state,  the  execu 
tive  authority  thereof  shall  issue  writs 
of  election  to  fill  such  vacancies. 

The  house  of  representatives  shall 
choose  their  speaker  and  other  officers ; 
and  shall  have  the  sole  power  of  im 
peachment. 

SECT.  3.  The  senate  of  the  United 
States  shall  be  composed  of  two  sena 
tors  from  each  state,  chosen  by  the 
legislature  -thereof,  for  six  years ;  and 
each  senator  shall  have  one  vote. 

Immediately  after  they  shall  be  as 
sembled  in  consequence  of  the  first 
election,  they  shall  be  divided,  as 
equally  as  may  be  into  three  classes. 
The  seats  of  the  senators  of  the  first  class 
shall  be  vacated  at  the  expiration  of 
the  second  year,  of  the  second  class  at 
the  expiration  of  the  fourth  year,  and 
of  the  third  class  at  the  expiration  of 
the  sixth  year,  so  that  one  third  may 
be  chosen  every  second  year;  and  if 


On.  II.] 


CONSTITUTION   OF  THE  UNITED  STATES. 


227 


vacancies  happen  by  resignation  or 
otherwise,  during  the  recess  of  the 
legislature  of  any  state,  the  executive 
thereof  may  make  temporary  appoint 
ments  until  the  next  meeting  of  the 
legislature,  which  shall  then  fill  such 
vacancies. 

No  person  shall  be  a  senator  who 
shall  not  have  attained  to  the  age  of 
thirty  years,  and  been  nine  years  a 
citizen  of  the  United  States,  and  who 
shall  not,  when  elected,  be  an  inhabit 
ant  of  that  state  for  which  he  shall  be 
chosen. 

The  vice  president  of  the  United 
States  shall  be  president  of  the  senate, 
but  shall  have  no  vote,  unless  they  be 
equally  divided. 

The  senate  shall  choose  their  other 
officers,  also  a  president  pro  tempore, 
in  the  absence  of  the  vice  president, 
or  when  he  shall  exercise  the  office  of 
president  of  the  United  States. 

The  senate  shall  have  the  sole  power 
to  try  all  impeachments.  When  sitting 
for  that  purpose,  they  shall  be  on  oath 
or  affirmation.  When  the  president 
of  the  United  States  is  tried,  the  chief 
justice  shall  preside ;  and  no  person 
shall  be  convicted  without  the  concur 
rence  of  two-thirds  of  the  members 
present. 

Judgment  in  cases  of  impeachment 
shall  not  extend  further  than  to  re 
moval  from  office,  and  disqualification 
to  hold  and  enjoy  any  office  of  honor, 
trust,  or  profit,  under  the  United 
States ;  but  the  party  convicted  shall 
nevertheless  be  liable  and  subject  to 
indictment,  trial,  judgment,  and  pun 
ishment,  according  to  law. 

SECT.  4.  The  times,  places  and  man 


ner  of  holding  elections  for  senators 
and  representatives,  shall  be  prescribed 
in  each  state  by  the  legislature  there 
of;  but  the  Congress  may  at  any  time, 
by  law,  make  or  alter  such  regulations, 
except  as  to  the  places  of  choosing  sen 
ators. 

The  Congress  shall  assemble  at  least 
once  in  every  year,  and  such  meeting 
shall  be  on  the  first  Monday  in  Decem 
ber,  unless  they  shall  by  law  appoint  a 
different  day. 

SECT.  5.  Each  house  shall  be  the 
judge  of  the  elections,  returns,  and 
qualifications,  of  its  own  members ;  and 
a  majority  of  each  shall  constitute  a 
quorum  to  do  business ;  but  a  smaller 
number  may  adjourn  from  day  to  day, 
and  may  be  authorized  to  compel  the 
attendance  of  absent  members,  in  such 
manner,  and  under  such  penalties  as 
each  house  may  provide. 

Each  house  may  determine  the  rules 
of  its  proceedings,  punish  its  members 
for  disorderly  behavior,  and,  with  the 
concurrence  of  two-thirds,  expel  a 
member. 

Each  house  shall  keep  a  journal  of 
its  proceedings,  and  from  time  to  time 
publish  the  same,  excepting  such  parts 
as  may,  in  their  judgment,  require 
secrecy ;  and  the  yeas  and  nays  of  the 
members  of  either  house  on  any  ques 
tion,  shall,  at  the  request  of  one  fifth 
of  those  present,  be  entered  on  the 
journal. 

Neither  house,  during  the  session  of 
Congress,  shall,  without  the  consent  of 
the  other,  adjourn  for  more  than  three 
days,  nor  to  any  other  place  than  that 
in  which  the  two  houses  shall  be  sitting. 

SECT.  6.  The  senators  and  represen- 


228 


THE  FEDERAL  CONVENTION  AND   ITS  WORK. 


.  IV. 


tatives  shall  receive  a  compensation  for 
their  services,  to  be  ascertained  by  law, 
and  paid  out  of  the  treasury  of  the 
United  States.  They  shall  in  all  cases, 
except  treason,  felony,  and  breach  of 
the  peace,  be  privileged  from  arrest 
during  their  attendance  at  the  session 
of  their  respective  houses,  and  in  going 
to  and  returning  from  the  same ;  and 
for  any  speech  or  debate  in  either 
house,  they  shall  not  be  questioned  in 
any  other  place. 

No  senator  or  representative  shall, 
during  the  time  for  which  he  was 
elected,  be  appointed  to  any  civil  office 
under  the  authority  of  the  United 
States,  which  shall  have  been  created, 
or  the  emoluments  whereof  shall  have 
been  increased  during  such  time  ;  and 
no  person  holding  any  office  under  the 
United  States,  shall  be  a  member  of 
either  house  during  his  continuance  in 
office. 

SECT.  *7.  All  bills  for  raising  revenue 
shall  originate  in  the  house  of  repre 
sentatives;  but  the  senate  may  pro 
pose  or  concur  with  amendments  as  on 
other  bills. 

Every  bill  which  shall  have  passed 
the  house  of  representatives  and  the 
senate,  shall,  before  it  become  a  law, 
be  presented  to  the  president  of  the 
United  States.  If  he  approve,  he  shall 
.sign  it ;  but  if  not,  he  shall  return  it, 
with  his  objections,  to  that  house  in 
which  it  shall  have  originated,  who 
shall  enter  the  objections  at  large  on 
their  journal,  and  proceed  to  recon 
sider  it.  If,  after  such  reconsideration, 
two-thirds  of  that  house  shall  agree  to 
pass  the  bill,  it  shall  be  sent,  together 
with  the  objections,  to  the  other  house, 


by  which  it  shall  likewise  be  recon 
sidered,  and  if  approved  by  two-thirds 
of  that  house  it  shall  become  a  law. 
But  in  all  such  cases,  the  votes  of  both 
houses  shall  be  determined  by  yeas 
and  nays,  and  the  names  of  the  per 
sons  voting  for  and  against  the  bill 
shall  be  entered  on  the  journal  of  each 
house  respectively.  If  any  bill  shall 
not  be  returned  by  the  president  within 
ten  days,  (Sundays  excepted)  after  it 
shall  have  been  presented  to  him,  the 
same  shall  be  a  law,  in  like  manner  as 
if  he  had  signed  it,  unless  the  Congress, 
by  their  adjournment  prevent  its  re 
turn,  in  which  case  it  shall  not  be  a 
law. 

Every  order,  resolution,  or  vote,  to 
which  the  concurrence  of  the  senate 
and  house  of  representatives  may  be 
necessary,  (except  on  a  question  of  ad 
journment)  shall  be  presented  to  the 
president  of  the  United  States;  and 
before  the  same  shall  take  effect,  shall 
be  approved  by  him,  or,  being  disap 
proved  by  him,  shall  be  repassed  by 
two-thirds  of  the  senate  and  house  of 
representatives,  according  to  the  rules 
and  limitations  prescribed  in  the  case 
of  a  bill. 

SECT.  8.  The  Congress  shall  have 
power — 

To  lay  and  collect  taxes,  duties,  im 
posts,  and  excises: 

To  pay  the  debts  and  provide  for  the 
common  defence  and  general  welfare 
of  the  United  States;  but  all  duties, 
imposts,  and  excises,  shall  be  uniform 
throughout  the  United  States: 

To  borrow  money  on  the  credit  of 
of  the  United  States  : 

To  regulate  commerce  with  foreign 


C.i.  II.] 


CONSTITUTION   OF  THE  UNITED  STATES. 


229 


nations,  and  among  the  several  states, 
and  with  the  Indian  tribes  : 

To  establish  a  uniform  rule  of  natu 
ralization,  and  uniform  laws  on  the 
subject  of  bankruptcies  throughout  the 
United  States: 

To  coin  money,  regulate  the  value 
thereof,  and  of  foreign  coin,  and  fix  the 
standard  of  weights  and  measures : 

To  provide  for  the  punishment  of 
counterfeiting  the  securities  and  cur 
rent  coin  of  the  United  States : 

To  establish  post  offices  and  post 
roads : 

To  promote  the  progress  of  science 
and  useful  arts,  by  securing  for  limited 
times,  to  authors  and  inventors,  the 
exclusive  right  to  their  respective  writ 
ings  and  discoveries : 

To  constitute  tribunals  inferior  to 
the  supreme  court: 

To  define  and  punish  piracies  and 
felonies  committed  on  the  hi^h  seas, 

O 

and  offences  against  the  law  of  nations : 
To  declare  Avar,  to  grant  letters  of 

marque  and  reprisal,  and  make  rules 

concerning  captures  on  land  and  water : 
To  raise  and  support  armies ;  but  no 

appropriation   of  money   to   that   use 

shall   be  for  a  longer  term  than  two 

years : 

To  provide  and  maintain  a  navy : 
To  make  rules  for  the  government 

and  regulation  of  the  land  and  naval 

forces : 

To    provide    for   calling   forth   the 

militia   to   execute    the    laws   of    the 

union,  suppress  insurrections,  and  repel 

invasions : 

To  provide  for  organizing,  arming, 

and   disciplining   the   militia,  and   for 

governing  such  part  of  them  as  may 

VOL.  II.— 29 


be  employed  in  the  service  of  the 
United  States — reserving  to  the  states 
respectively,  the  appointment  of  the 
officers,  and  the  authority  of  training 
the  militia  according  to  the  discipline 
prescribed  by  Congress : 

To  exercise  exclusive  legislation  in 
all  cases  whatsoever,  over  such  district 
(not  exceeding  ten  miles  square)  as 
may,  by  cession  of  particular  states, 
and  the  acceptance  of  Congress,  become 
the  seat  of  government  of  the  United 
States,  and  to  exercise  like  authority 
over  all  places  purchased,  by  the  consent 
of  the  legislature  of  the  state  in  which 
the  same  shall  be,  for  the  erection  of 
forts,  magazines,  arsenals,  dock  yards, 
and  other  needful  buildings : — and, 

To  make  all  laws  which  shall  be  ne 
cessary  and  proper  for  carrying  into 
execution  the  foregoing  powers,  and  all 
other  powers  vested  by  this  constitution 
in  the  government  of  the  United  States, 
or  in  any  department  or  officer  thereof. 

SECT.  9.  The  migration  or  importa 
tion  of  such  persons  as  any  of  the  states, 
now  existing,  shall  think  proper  to  ad 
mit,  shall  not  be  prohibited  by  the 
Congress  prior  to  the  year  1808,  but  a 
tax  or  duty  may  be  imposed  on  such 
importation,  not  exceeding  ten  dollars 
for  each  person. 

The  privilege  of  the  writ  of  habeas 
corpus  shall  not  be  suspended,  unless 
when,  in  cases  of  rebellion  or  invasion, 
the  public  safety  may  require  it. 

No  bill  of  attainder,  or  ex  post  facto 
law,  shall  be  passed. 

No  capitation,  or  other  direct  tax 
shall  be  laid,  unless  in  proportion  to 
the  census  or  enumeration  herein  be 
fore  directed  to  be  taken. 

u 


230 


THE  FEDERAL  CONVENTION   AND   ITS   WORK. 


[Bic.  IV. 


No  tax  or  duty  shall  be  laid  on 
articles  exported  from  any  state.  No 
preference  shall  be  given  by  any  regu 
lation  of  commerce  or  revenue  to  the 
ports  of  one  state  over  those  of  another ; 
nor  shall  vessels  bound  to,  or  from  one 
state,  be  obliged  to  enter,  clear,  or  pay 
duties  in  another. 

No  money  shall  be  drawn  from  the 
treasury,  but  in  consequence  of  appro 
priations  made  by  law :  and  a  regular 
statement  and  account  of  the  receipts 
and  expenditures  of  all  public  money 
shall  be  published  from  time  to  time. 

No  title  of  nobility  shall  be  granted 
by  the  United  States :  and  no  person 
holding  any  office  of  profit  or  trust 
under  them,  shall,  without  the  consent 
of  the  Congress,  accept  of  any  present, 
emolument,  office,  or  title  of  any  kind 
whatever,  from  any  king,  prince,  or 
foreign  state. 

SECT.  10.  No  state  shall  enter  into 
any  treaty,  alliance,  or  confederation; 
grant  letters  of  marque  and  reprisal ; 
coin  money ;  emit  bills  of  credit ;  make 
any  thing  but  gold  and  silver  coin  a 
tender  in  payment  of  debts ;  pass  any 
bill  of  attainder,  ex  post  facto  law,  or 
law  impairing  the  obligation  of  con 
tracts,  or  grant  any  title  of  nobility. 

No  state  shall,  without  the  consent 
of  the  Congress,  lay  any  imposts  or 
duties  on  imports  or  exports,  except 
what  may  be  absolutely  necessary  for 
executing  its  inspection  laws ;  and  the 
nett  produce  of  all  duties  and  imposts, 
laid  by  any  state  on  imports  or  exports, 
shall  l>e  for  the  use  of.  the  treasury  of 
the  United  States ;  and  all  such  laws 
shall  be  subject  to  the  revision  and 
control  of  the  Congress.  No  state  shall, 


without  the  consent  of  Congress,  lay 
any  duty  of  tonnage,  keep  troops  or 
ships  of  war  in  time  of  peace,  enter 
into  any  agreement  or  compact  \vith 
another  state,  or  with  a  foreign  power, 
or  engage  in  Avar,  unless  actually  in 
vaded,  or  in  such  imminent  danger  as 
will  not  admit  of  delay. 

ARTICLE    II. 

SECT.  1.  The  executive  power  shall 
be  vested  in  a  President  of  the  United 
States  of  America,  He  shall  hold  his 
office  during  the  term  of  four  years, 
and,  together  with  the  Vice  President, 
chosen  for  the  same  term,  be  elected 
as  follows : 

Each  state  shall  appoint,  in  such 
manner  as  the  legislature  thereof  may 
direct,  a  number  of  electors  equal  to 
the  whole  number  of  senators  and  rep 
resentatives  to  which  the  state  may 
be  entitled  in  the  Congress ;  but  no 

o 

senator  or  representative,  or  person 
holding  any  office  of  trust  or  profit 
under  the  United  States,  shall  be  ap 
pointed  an  elector. 

The  electors  shall  meet  in  their 
respective  states,  and  vote'  by  ballot 
for  two  persons,  of  whom  one  at  least 
shall  not  be  an  inhabitant  of  the  same 
state  with  themselves.  And  they  shall 
make  a  list  of  all  the  persons  voted  for, 
and  of  the  number  of  votes  for  each ; 
which  list  they  shall  sign  and  certify, 
and  transmit  sealed  to  the  seat  of  the 
government  of  the  United  States,  di 
rected  to  the  president  of  the  senate. 
The  president  of  the  senate  shall,  in  the 
presence  of  the  senate  and  house  of  rep 
resentatives,  open  all  the  certificates, 
and  the  votes  shall  then  be  counted. 


CH.  II.] 


CONSTITUTION   OF  THE  UNITED   STATES. 


231 


The  person  heaving  the  greatest  number 
of  votes  shall  be  the  president,  if  such 
number  be  a  majority  of  the  whole 
number  of  electors  appointed;  and  if 
there  be  more  than  one  who  have  such 
majority,  and  have  an  equal  number 
of  votes,  then  the  house  of  representa 
tives  shall  immediately  choose,  by  bal 
lot,  one  of  them  for  president ;  and  if 
no  person  have  a  majority,  then  from 
the  five  highest  on  the  list,  the  said 
house  shall,  in  like  manner,  choose  the 
president.  But  in  choosing  the  presi 
dent,  the  votes  shall  be  taken  by  states, 
the  representation  from  each  state  hav 
ing  one  vote.  A  quorum  for  this  pur 
pose  shall  consist  -  of  a  member  or 
members  from  two-thirds  of  the  states, 
and  a  majority  of  all  the  states  shall 
be  necessary  to  a  choice.  In  every 
case,  after  the  choice  of  the  president, 
the  person  having  the  greatest  number 
of  votes  of  the  electors  shall  be  the 
vice  president.  But  if  there  should 
remain  two  or  more  who  have  equal 
votes,  the  senate  shall  choose  from 
them,  by  ballot,  the  vice  president. 

The  Congress  may  determine  the 
time  of  choosing  the  electors,  and  the 
day  on  which  they  shall  give  their 
votes ;  which  day  shall  be  the  same 
throughout  the  United  States. 

No  person,  except  a  natural  born 
citizen,  or  a  citizen  of  the  United 
States  at  the  time  of  the  adoption  of 
this  coastitution,  shall  be  eligible  to 
the  office  of  president ;  neither  shall 
any  person  be  eligible  to  that  office, 
who  shall  not  have  attained  to  the  age 
of  thirty-five  years,  and  been  fourteen 
years  a  resident  Tithin  the  United 
States. 


In  case  of  the  removal  of  the  presi 
dent  from  office,  or  of  his  death,  resig 
nation,  or  inability  to  discharge  the 
powers  and  duties  of  the  said  office, 
the  same  shall  devolve  on  the  vice 
president ;  and  the  Congress  may  by 
law  provide  for  the  case  of  removal, 
death,  resignation,  or  inability,  both 
of  the  president  and  vice  president, 
declaring  what  officer  shall  then  act  as 
president,  and  such  officer  shall  act  ac 
cordingly  until  the  disability  be  re 
moved,  or  a  president  shall  be  elected. 

The  president  shall,  at  stated  times, 
receive  for  his  services  a  compensation, 
which  shall  neither  be  increased  nor 
diminished  during  the  period  for  which 
he  shall  have  been  elected,  and  he 
shall  not  receive  within  that  period 
any  other  emolument  from  the  United 
States,  or  any  of  them. 

Before  he  enters  on  the  execution  of 
his  office,  he  shall  take  the  following 
oath  or  affirmation: 

"I  do  solemnly  swear,  (or  affirm) 
"  that  I  will  faithfully  execute  the 
"  office  of  president  of  the  United 
"States,  and  will,  to  the  best  of  my 
"ability,  preserve,  protect,  and  de- 
"fend  the  constitution  of  the  United 
"  States." 

SECT.  2.  The  president  shall  be  com- 
mander-in-chief  of  the  army  and  navy 
of  the  United  States,  and  of  the  militia 
of  the  several  states,  when  called  into 
the  actual  service  of  the  United  States : 
he  may  require  the  opinion,  in  writing, 
of  the  principal  officer  in  each  of  the 
executive  departments,  upon  any  sub 
ject  relating  to  the  duties  of  their 
respective  offices ;  and  he  shall  have 
power  to  grant  reprieves  and  pardons 


232 


THE  FEDERAL  CONVENTION   AND   ITS  WORK. 


[BK.  iv. 


for  offences  against  the  United  States, 
except  in  cases  of  impeachment. 

He  shall  have  power,  by  and  with 
the  advice  and  consent  of  the  senate, 
to  make  treaties,  provided  two-thirds 
of  the  senators  present  concur :  and  he 
shall  nominate,  and  by  and  with  the 
advice  and  consent  of  the  senate,  shall 
appoint  ambassadors,  other  public  min 
isters,  and  consuls,  judges  of  the  su 
preme  court,  and  all  other  officers  of 
the  United  States,  whose  appointments 
are  not  herein  otherwise  provided  for, 
and  which  shall  be  established  by  law. 
But  the  Congress  may  by  law  vest  the 
appointment  of  such  inferior  officers  as 
they  think  proper  in  the  president 
alone,  in  the  courts  of  law,  or  in  the 
heads  of  departments. 

The  president  shall  have  power  to 
fill  up  all  vacancies  that  may  happen 
during  the  recess  of  the  senate,  by 
granting  commissions,  which  shall  ex 
pire  at  the  end  of  their  next  session. 

SECT.  3.  He  shall,  from  time  to  time, 
give  to  the  Congress  information  of  the 
state  of  the  union,  and  recommend  to 
their  consideration  such  measures  as  he 
shall  judge  necessary  and  expedient ; 
he  may,  on  extraordinary  occasions,  con 
vene  both  houses,  or  either  of  them, 
and  in  case  of  disagreement  between 
them,  writh  respect  to  the  time  of  ad 
journment,  he  may  adjourn  them  to 
such  time  as  he  shall  think  proper ;  he 
shall  receive  ambassadors  and  other 
public  ministers ;  he  shall  take  care 
that  the  laws  be  faithfully  executed ; 
and  shall  commission  all  the  officers  of 
the  United  States. 

SECT.  4.  The  president,  vice  presi 
dent,  and  all  civil  officers  of  the  United 


States  shall  be  removed  from  office  on 
impeachment  for,  and  conviction  of 
treason,  bribery,  or  other  high  crimes 
and  misdemeanors. 

ARTICLE    III. 

SECT.  1.  The  judicial  power  of  the 
United  States  shall  be  vested  in  one 
supreme  court,  and  in  such  inferior 
courts  as  the  Congress  may,  from  time 
to  time,  ordain  and  establish.  The 
judges,  both  of  the  supreme  and  in 
ferior  courts,  shall  hold  their  offices 
during  good  behavior;  and  shall,  at 
stated  times,  receive  for  their  services 
a  compensation,  which  shall  not  be 
diminished  during  their  continuance  in 
office. 

SECT.  2.  The  judicial  power  shall  ex 
tend  to  all  cases  in  law  and  equity, 
arising  under  this  constitution,  the  laws 
of  the  United  States,  and  treaties  made, 
or  which  shall  be  made  under  their 
authority ;  to  all  cases  affecting  ambas 
sadors,  other  public  ministers,  and  con 
suls  ;  to  all  cases  of  admiralty  and 
maritime  jurisdiction  ;  to  controversies 
to  which  the  United  States  shall  be  a 
party ;  to  controversies  between  two  or 
more  states,  between  a  state  and  citi 
zens  of  another  state,  between  citizens 
of  different  states,  between  citizens  of 
the  same  state,  claiming  lands  under 
grants  of  different  states,  and  between 
a  state,  or  the  citizens  thereof,  and  for 
eign  states,  citizens,  or  subjects. 

In  all  cases  affecting  ambassadors, 
other  public  ministers  and  consuls,  and 
those  in  which  a  state  shall  be  party, 
the  supreme  court  shall  have  original 
jurisdiction.  In  all  the  other  cases  be 
fore  mentioned,  the  supreme  court  shall 


CH.  II.] 


CONSTITUTION   OF  THE  UNITED  STATES. 


233 


have  appellate  jurisdiction,  both  as  to 
law  and  fact,  with  such  exceptions,  and 
under  such  regulations  as  the  Congress 
shall  make. 

The  trial  of  all  crimes,  except  in 
cases  of  impeachment,  shall  be  by  jury ; 
and  such  trial  shall  be  held  in  the  state 
where  the  said  crimes  shall  have  been 
committed;  but  when  not  committed 
within  any  state,  the  trial  shall  be  at 
such  place  or  places  as  the  Congress 
may  by  law  have  directed. 

SECT.  3.  Treason  against  the  United 
States  shall  consist  only  in  levying  war 
against  them,  or  in  adhering  to  their 
enemies,  giving  them  aid  and  comfort. 
No  person  shall  be  convicted  of  treason 
unless  on  the  testimony  of  two  wit 
nesses  to  the  same  overt  act,  or  on  con 
fession  in  open  court. 

The  Congress  shall  have  power  to 
declare  the  punishment  of  treason; 
but  no  attainder  of  treason  shall  work 
corruption  of  blood,  or  forfeiture,  ex 
cept  during  the  life  of  the  person  at 
tainted. 

ARTICLE    IV. 

SECT.  1.  Full  faith  and  credit  shall 
l>e  given  in  each  state,  to  the  public 
acts,  records,  and  judicial  proceedings 
of  every  other  state.  And  the  Con 
gress  may,  by  general  laws,  prescribe 
the  manner  in  which  such  acts,  records 
and  proceedings  shall  be  proved,  and 
the  effect  thereof. 

SECT.  2.  The  citizens  of  each  state 
shall  be  entitled  to  all  privileges  and 
immunises  of  citizens  in  the  several 
states. 

A  person  charged  in  any  state  with 
treason,  felony,  or  other  crime,  who 
shall  flee  from  justice,  and  be  found  in 


another  state,  shall,  on  demand  of  the 
executive  authority  of  the  state  from 
which  he  fled,  be  delivered  up,  to  be 
removed  to  the  state  having  jurisdic 
tion  of  the  crime. 

No  person  held  to  service  or  labor 
in  one  state,  under  the  laws  thereof, 
escaping  into  another,  shall,  in  conse 
quence  of  any  law  or  regulation  therein, 
be  discharged  from  such  service  or 
labor;  but  shall  be  delivered  up,  on 
claim  of  the  party  to  whom  such  ser 
vice  or  labor  may  be  due. 

SECT.  3.  New  states  may  be  admitted 
by  the  Congress  into  this  union ;  but 
no  new  state  shall  be  formed  or  erected 
within  the  jurisdiction  of  any  other 
state,  nor  any  state  be  formed  by  the 
junction  of  two  or  more  states,  or  parts 
of  states,  without  the  consent  of  the 
legislatures  of  the  states  concerned,  as 
well  as  of  the  Congress. 

The  Congress  shall  have  power  to 
dispose  of  and  make  all  needful  rules 
and  regulations  respecting  the  territory 
or  other  property  belonging  to  the 
United  States ;  and  nothing  in  this 
constitution  shall  be  so  construed  as  to 
prejudice  any  claims  of  the  United 
States,  or  of  any  particular  state. 

SECT.  4.  The  United  States  shall 
guarantee  to  every  state  in  this  union 
a  republican  form  of  government,  and 
shall  protect  each  of  them  against  in 
vasion  ;  and  on  application  of  the  leg 
islature,  or  of  the  executive  (when  the 
legislature  cannot  be  convened)  against 
domestic  violence. 


ARTICLE  v. 

The  Congress,  whenever  two-thirds 
of  both  houses  shall  deem  it  necessary, 


234 


THE  FEDERAL   CONVENTION  AND   ITS  WORK. 


[Ex.  IV. 


shall  propose  amendments  to  this  con 
stitution  ;  or,  on  the  application  of  the 
legislatures  of  two-thirds  of  the  several 

O 

states,  shall  call  a  convention  for  pro 
posing  amendments,  which,  in  either 
case,  shall  be  valid  to  all  intents  and 
purposes,  as  part  of  this  constitution, 
when  ratified  by  the  legislatures  of 
three-fourths  of  the  several  states,  or 
by  conventions  in  three-fourths  thereof, 
as  the  one  or  the  other  mode  of  ratifi 
cation  may  be  proposed  by  the  Con 
gress  :  Provided,  that  no  amendment 
which  may  be  made  prior  to  the  year 
1808,  shall  in  any  manner  affect  the 
first  and  fourth  clauses  in  the  ninth 
section  of  the  first  article  ;  and  that 
no  state,  without  its  consent,  shall  be 
deprived  of  its  equal  suffrage  in  the 
senate. 

ARTICLE    VI. 

All  debts  contracted  and  engage 
ments  entered  into,  before  the  adoption 
of  this  constitution,  shall  be  as  valid 
against  the  United  States  under  this 
constitution  as  under  the  confederation. 

This  constitution,  and  the  laws  of 
the  United  States  which  shall  be  made 
in  pursuance  thereof;  and  all  treaties 
made,  or  which  shall  be  made,  under 
the  authority  of  the  United  States, 
shall  be  the  supreme  law  of  the  land ; 
and  the  judges  in  every-  state  shall  be 
bound  thereby,  any  thing  in  the  con 
stitution  or  laws  of  any  state  to  the 
contrary  notwithstanding. 

The  senators  and  representatives 
before  mentioned,  and  the  members  of 
the  several  state  legislatures,  and  all 
executive  and  judicial  officers,  both  of 
the  United  States  and  of  the  several 
states,  shall  be  bound  by  oath  or  affir 


mation,  to  support  this  constitution ; 
but  no  religious  test  shall  ever  be  re 
quired  as  a  qualification  to  any  office 
or  public  trust  under  the  United  States. 

ARTICLE    VII. 

The  ratification  of  the  conventions 
of  nine  states  shall  be  sufficient  for  the 
establishment  of  this  constitution  be 
tween  the  states  so  ratifying  the  same. 

Done  in  convention,  by  the  unanimous  consent 
of  the  states  present,  the  17th  day  of  Septem 
ber,  in  the  year  of  our  Lord  1787,  and  of 
the  independence  of  the  United  States  of 
America,  the  twelfth.  In  witness  whereof, 
we  have  hereunto  subscribed  our  names. 
GEORGE  WASHINGTON, 

President, 
And  df put i/  from  Virginia. 


New  Hampshire. 
JOHN  LANG  DON, 
NICHOLAS  OILMAN, 

Masxach  nsetts. 
NATHANIEL  GOHHAM, 
RUFUS  KING. 

Connecticut. 
WILLIAM    SAMUEL 

JOHNSON, 
ROGER  SHERMAN. 


Detaicare. 
GEORGE  READ, 
GUNNING  BEDFORD,  Jun 
JOHN  DICKINSON, 
RICHARD  BASSETT, 
JACOB  BROOM. 

Mart/land. 

JAMES  M'llENRY, 
DANIEL  OF  ST.  THOMAS 

JENIFER, 
DANIEL  CARROLL. 


Nero  York.  Virginia. 

ALEXANDER     IIAMIL-  JOHN  BLAIR, 

TON.  JAMES  MADISON,  Jim. 

New  Jersey.  North  Carolina. 

WILLIAM  LIVINGSTON,  WILLIAM  BLOUNT, 

DAVID  BREARLY,  RICHARD      DOBBS 

WILLIAM  PATTERSON,  SPAIG11T, 

JONATHAN  DAYTON.  HUGH  WILLIAMSON. 


Pennxylvania. 


South  Carolina. 


BENJAMIN  FRANKLIN,    JOHN  RUTLKDGE, 


CHARLES  COTESWORT1I 

PINCKNEY, 
CHARLES  PINCKNEY, 
PIERCE  BUTLER. 


THOMAS  MIFFLIN, 

ROBERT  MORRIS, 

GEORGE  CLYMER, 

THOMAS  FITZSIMONS, 

JARED  INGERSOLL, 

JAMES  WILSON,  Georgia. 

GOUVERNEUR  MORRIS.  WILLIAM  FEW, 

ABRAHAM  BALDWIN. 
Attest. 
WILLIAM  JACKSON,  Secretary. 


Cn.  II.]                            AMENDMENTS  TO  ' 

niE  CONSTITUTION.                                 235 

1 

Although  it  is  a  little  in  advance  of 

in  their  persons,  houses,  papers,  and 

1 

the  order  of  time,  we  subjoin,  for  the 

effects,   against   unreasonable  searches 

sake  of  convenience,  the  Amendments 

and   seizures,   shall   not   be   violated  ; 

to  the  Constitution.     The  first  ten  of 

and  no  warrants  shall  issue,  but  upon 

I 

these  were  proposed  to  the  legislatures 

probable  cause,  supported  by  oath  or 

i 

of  the    states  by  the   first    Congress, 

affirmation,  and  particularly  describing 

which    assembled    at   New    York,    in 

the  places  to  be  searched,  and  the  per 

March,  1789;  the  eleventh  article  was 

sons  or  things  to  be  seized. 

proposed  at  the  second  session  of  the 

third  Congress  ;  and  the  twelfth  article 

ARTICLE   V. 

at  the  first  session  of  the  eighth  Con 
gress.     Having  been  ratified  according 
to  the  provisions  of  the  fifth  Article  of 
the   Constitution,  these    Amendments 
form  an  integral  portion  of  that  great 
charter  of  American  liberty  and  law. 

No  person  shall  be  held  to  answer 
for  a   capital   or   otherwise    infamous 
crime,  unless  on  a  presentment  or  in 
dictment  of  a  grand  jury,  except  in 
cases    arising    in   the    land   or   naval 

O 

forces,  or  in  the  militia,  when  in  actual 

AMENDMENTS  TO  THE  CONSTITUTION. 

service,  in  time  of  war  or  public  dan 

ger  ;   nor  shall  any  person  be  subject 

ARTICLE    I. 

for  the  same  offence  to  be  twice  put  in 

CONGRESS  shall  make  no  law  respect 

jeopardy  of  life  or  limb;  nor  shall  be 

ing    an   establishment   of  religion,   or 

compelled,  in  any  criminal  case,  to  be 

prohibiting  the  free  exercise  thereof; 

a  witness  against  himself,  nor  be  de 

or  abridging  the  freedom  of  speech, 

prived    of  life,   liberty,   or   property, 

or  of  the  press  ;   or  the   right  of  the 

without  due  process  of  law;  nor  shall 

people  peaceably  to  assemble,  and  to 

private  property  be  taken  for  public 

petition  the  government  for  a  redress 

use  without  just  compensation. 

of  grievances. 

ARTICLE    II. 

ARTICLE    VI. 

A  well  regulated  militia  being  ne 

In  all  criminal  prosecutions,  the  ac 

cessary  to  the  security  of  a  free  state, 

cused  shall  enjoy  the  right  to  a  speedy 

the  right  of  the  people  to  keep  and 

and  public  trial,  by  an  impartial  jury 

bear  arms  shall  not  be  infringed. 

of  the  state  and  district  wherein  the 

crime    shall    have    been    committed, 

ARTICLE   III. 

which  district   shall   have   been   pre 

No  soldier  shall,  in  time  of  peace,  be 

viously  ascertained  by  law,  and  to  be 

quartered   in  any  house  without  the 

informed  of  the  nature  and  cause  of 

consent  of  the  owner  ;  nor  in  time  of 

the  accusation  ;  to  be  confronted  with 

war,  but  in  a  manner  to  be  prescribed 

the  witnesses   against   him  ;    to   have 

by  law. 

compulsory  process  for  obtaining  wit 

ARTICLE    IV. 

nesses  in  his  favor;   and  to  have  the 

The  right  of  the  people  to  be  secure 

assistance  of  counsel  for  his  defence. 

23G 


THE   FEDERAL  CONVENTION   AND   ITS   WORK. 


[BK.  IV. 


ARTICLE    VII. 

In  suits  at  common  law,  where 
the  value  in  controversy  shall  exceed 
twenty  dollars,  the  right  of  trial  by 
jury  shall  be  preserved;  and  no  fact 
tried  by  a  jury  shall  be  otherwise  re- 
examined  in  any  court  of  the  United 
States,  than  according  to  the  rules  of 
the  common  law. 

ARTICLE    VIII. 

Excessive  bail  shall  not  be  required, 
nor  excessive  fines  imposed,  nor  cruel 
and  unusual  punishments  inflicted. 

ARTICLE    IX. 

The  enumeration  in  the  constitution, 
of  certain  rights,  shall  not  be  construed 
to  deny  or  disparage  others  retained 
by  the  people. 

ARTICLE    X. 

The  powers  not  delegated  to  the 
United  States  by  the  constitution,  nor 
prohibited  by  it  to  the  states,  are  re 
served  to  the  states  respectively,  or  to 
the  people. 

ARTICLE    XI. 

The  judicial  power  of  the  United 
States  shall  not  be  construed  to  extend 
to  any  suit  in  law  or  equity,  com 
menced  or  prosecuted  against  one  of 
the  United  States  by  citizens  of  an 
other  state,  or  by  citizens  or  subjects 
of  any  foreign  state. 

ARTICLE    XII. 

The  electors  shall  meet  in  their  re 
spective  states,  and  vote  by  ballot  for 
president  and  vice  president,  one  of 
whom,  at  least,  shall  not  be  an  inhab 
itant  of  the  same  state  with  them 


selves;  they  shall  name  in  their  bal 
lots  the  person  voted  for  as  president, 
and  in  distinct  ballots  the  person  voted 
for  as  vice  president ;  and  they  shall 
make  distinct  lists  of  all  persons  voted 
for  as  president,  and  of  all  persons 
voted  for  as  vice  president,  and  of  the 
number  of  votes  for  each,  which  lists 
they  shall  sign  and  certify,  and  trans 
mit  sealed  to  the  seat  of  the  govern- 

O 

ment  of  the  United  States,  directed  to 
the  president  of  the  senate ;  the  presi 
dent  of  the  senate  shall,  in  the  presence 
of  the  senate  and  house  of  representa 
tives,  open  all  the  certificates,  and  the 
votes  shall  then  be  counted :  the  person 
having  the  greatest  number  of  votes 

O  O 

for  president,  shall  be  the  president,  if 
such  number  be  a  majority  of  the 
whole  number  of  electors  appointed; 
and  if  no  person  have  such  majority, 
then  from  the  persons  having  the 
highest  numbers,  not  exceeding  three, 
on  the  list  of  those  voted  for  as  presi 
dent,  the  house  of  representatives  shall 
choose  immediately,  by  ballot,  the 
president.  But  in  choosing  the  presi 
dent,  the  votes  shall  be  taken  by  states, 
the  representation  from  each  state  hav 
ing  one  vote ;  a  quorum  for  this  pur 
pose  shall  consist  of  a  member  or 
members  from  two-thirds  of  the  states, 
and  a  majority  of  all  the  states  shall 
be  necessary  to  a  choice.  And  if  the 
house  of  representatives  shall  not 
choose  a  president,  whenever  the  right 
of  choice  shall  devolve  upon  them,  be 
fore  the  fourth  day  of  March  next  fol 
lowing,  then  the  vice  president  shall 
act  as  president, 'as  in  the  case  of  the 
death  or  other  constitutional  disability 
of  the  president. 


CH.  II.] 


HAMILTON'S  PLAN   OF  GOVERNMENT. 


237 


The  person  having  the  greatest  num 
ber  of  votes  as  president,  shall  be  the 
vice  president,  if  such  number  be  a  ma 
jority  of  the  whole  number  of  electors 
appointed;  and  if  no  person  have  a 
majority,  then  from  the  two  highest 
numbers  on  the  list,  the  senate  shall 
choose  the  vice  president:  a  quorum 


for  the  purpose  shall  consist  of  two- 
thirds  of  the  whole  number  of  sen 
ators,  and  a  majority  of  the  whole 
number  shall  be  necessary  to  a  choice. 
But  no  person  constitutionally  in 
eligible  to  the  office  of  president,  shall 
be  eligible  to  that  of  vice  president  of 
the  United  States. 


APPENDIX    TO     CHAPTER    II. 


L  HAMILTON'S   PLAN   OF   GOVERNMENT. 

1.  THE  supreme  legislative  power  of  the  United 
States  of  America  to  be  vested  in  two  distinct 
bodies  of  men,  the  one  to  be  called  the  assembly, 
the  other  the  senate,  who,  together,  shall  form  the 
legislature  of  the  United  States,  with  power  to 
pass  all  laws  whatsoever,  subject  to  the  negative 
hereafter  mentioned. 

2.  The  assembly  to  consist  of  persons  elected 
by  the  people,  to  serve  for  three  years. 

3.  The  senate  to  consist  of  persons  elected  to 
serve  during  good  behavior;  their  election  to  be 
made  by  electors  chosen  for  that  purpose  by  the 
people.     In  order  to  this,  the  states  to  be  divided 
into  election  districts.     On  the  death,  removal,  or 
resignation  of  any  senator,  his  place  to  be  filled 
out  of  the  district  from  which  he  came. 

4.  The   supreme   executive    authority    of  the 
United  States  to  be  vested  in  a  governor,  to  be 
elected   to    serve   during   gcod   behavior.      His 
election  to  be  made  by  electors,  chosen  by  elec 
tors,  chosen  by  the  people  in  the  election  districts 
aforesaid.     His  authorities  and  functions  to  be  as 
follows : — 

To  have  a  negative  upon  all  laws  about  to  be 
passed,  and  the  execution  of  all  laws  passed  ;  to 
have  the  entire  direction  of  war,  when  authorized, 
or  begun ;  to  have,  with  the  advice  and  approba 
tion  of  the  senate,  the  power  of  making  all 
treaties ;  to  have  the  sole  appointment  of  the 
heads  or  chief  officers  of  the  departments  of 
finance,  war,  and  foreign  affairs ;  to  have  the 
VOL.  II.— 30 


nomination  of  all  other  officers,  (ambassadors  to 
foreign  nations  included)  subject  to  the  approba 
tion  or  rejection  of  the  senate ;  to  have  the  power 
of  pardoning  all  offences,  except  treason,  which  he 
shall  not  pardon,  without  the  approbation  of.  the 
senate. 

5.  On  the  death,  resignation,  or  removal  of  the 
governor,  his  authorities  to  be  exercised  by  the 
president  of  the  senate,  until  a  successor  be  ap 
pointed. 

G.  The  senate  to  have  the  sole  power  of  declar 
ing  war ;  the  power  of  advising  and  approving  all 
treaties ;  the  power  of  approving  or  rejecting  all 
appointments  of  officers,  except  the  heads  or 
chiefs  of  the  departments  of  finance,  war,  and 
foreign  affairs. 

7.  The    supreme    judicial    authority   of   the 

United  States  to  be  vested  in judges,  to 

hold  their  offices  during  good  behavior,  with  ade 
quate  and   permanent  salaries.      This  court  to 
have  original  jurisdiction  in  all  causes  of  capture ; 
and  an  appellative  jurisdiction  in  all  causes,  in 
which  the  revenues  of  the  general  government, 
or  the  citizens  of  foreign  nations,  are  concerned. 

8.  The  legislature  of  the  United  States  to  have 
power  to  institute  courts  in  each  state,  for  the 
determination  of  all  matters  of  general  concern. 

9.  The  governors,  senators,  and  all  officers  of 
the  United  States  to  be  liable  to  impeachment  for 
mal  and  corrupt  conduct;  and,  upon  conviction, 
to  be  removed   from  office,  and  disqualified  for 
holding  any  place  of  trust,  or  profit.     All  im 
peachments  to  be  tried  by  a  court  to  consist  of 


238 


APPENDIX  TO   CHAPTER  II. 


[Bit.  IV. 


the  chief,  or  senior  judge  of  the  superior  court  of 
law  in  each  state;  provided,  that  such  judge  hold 
his  place  during  good  behavior,  and  have  a  per 
manent  salary. 

10.  All  laws  of  the  particular  states,  contrary 
to  the  constitution  or  laws  of  the  United  States, 
to  be  utterly  void.     And  the  better  to  prevent 
such  laws  being  passed,  the  governor  or  president 
of  each  state  shall  be  appointed  by  the  general 
government,  and  shall  have  a  negative  upon  the 
laws  about  to  be  passed  in  the  state  of  which  he 
is  governor  or  president. 

11.  No  state  to  have  any  forces,  land  or  naval ; 
and  the  militia  of  all  the  states  to  be  under  the 
sole  and  exclusive  direction  of  the  United  States; 
the  officers  of  which  to  be  appointed  and  commis 
sioned  by  them. 

The  following  letter  from  Hamilton  to  Picker 
ing,  though  written  some  years  subsequently, 
deserves  to  be  read  in  the  present  connection : 

"NEW  YORK,  September  16,  1803. 

"  MY  DEAR  SIR  : — I  will  make  no  apology  for 
my  delay  in  answering  your  inquiry  some  time 
since  made,  because  I  could  offer  none  which 
would  satisfy  myself.  I  pray  you  only  to  believe 
that  it  proceeded  from  any  thing  rather  than  want 
of  respect  or  regard.  I  shall  now  comply  with 
your  request. 

"  The  highest  toned  propositions,  which  I  made 
in  the  convention,  were  for  a  president,  senate, 
and  judges  during  good  behavior — a  House  of 
Representatives  for  three  years.  Though  I  would 
have  enlarged  the  legislative  power  of  the  general 
government,  yet  I  never  contemplated  the  aboli 
tion  of  the  state  governments ;  but,  on  the  con 
trary,  they  were,  in  some  particulars,  'constituent 
parts  of  my  plan. 

"  This  plan  was  in  my  conception  conformable 
with  the  strict  theory  of  a  government  purely 
republican ;  the  essential  criteria  of  which  are, 
that  the  principal  organs  of  the  executive  and  legis 
lative  departments  be  elected  by  the  people,  and 
hold  their  offices  by  a  responsible  and  temporary 
or  defeasible  tenure. 

"  A  vote  was  taken  on  the  proposition  respect 
ing  the  executive.  Five  states  were  in  favor  of 
it ;  among  these  Virginia ;  and  though  from  the 
manner  of  voting,  by  delegations,  individuals 
were  not  distinguished,  it  was  morally  certain, 


from  the  known  situation  of  the  Virginia  mem 
bers,  (six  in  number,  two  of  them,  Mason  and 
Randolph,  professing  popular  doctrines,)  that 
Madison  must  have  concurred  in  the  vote  of  Vir 
ginia.  Thus,  if  I  sinned  against  republicanism, 
Mr.  Madison  was  not  less  guilty. 

"  I  may  truly  then  say,  that  I  nerer  proposed 
either  a  president  or  senate  for  life;  and  that  I 
neither  recommended  nor  meditated  the  annihila 
tion  of  the  state  governments. 

"  And  I  may  add,  that  in  the  course  of  the  dis 
cussions  in  the  convention,  neither  the  proposi 
tions  thrown  out  for  debate,  nor  even  those  voted 
in  the  earlier  stages  of  deliberation,  were  consid 
ered  as  evidence  of  a  definitive  opinion  in  the 
proposer  or  voter.  It  appeared  to  me  to  be  in 
some  sort  understood,  that  with  a  view  to  free 
investigation,  experimental  propositions  might  be 
made,  which  were  to  be  received  merely  as  sug 
gestions  for  consideration. 

"  Accordingly  it  is  a  fact,  that  my  final  opinion 
was  against  an  executive  during  good  behavior, 
on  account  of  the  increased  danger  to  the  public 
tranquillity  incident  to  the  election  of  a  magistrate 
of  this  degree  of  permanency.  In  the  plan  of  a 
constitution  which  I  drew  up  while  the  convention 
was  sitting,  and  which  I  communicated  to  Mr. 
Madison  about  the  close  of  it,  perhaps  a  day  or 
two  after,  the  office  of  president  has  no  greater 
duration  than  for  three  years. 

"  This  plan  was  predicated  upon  these  bases. 
1.  That  the  political  principles  of  the  people  of 
this  country  would  endure  nothing  but  republican 
governments.  2.  That,  in  the  actual  situation  of 
the  country,  it  was  in  itself  right  and  proper  that 
the  republican  "theory  should  have  a  fair  and  full 
trial.  3.  That  to  such  a  trial  it  was  essential  that 
the  government  should  be  so  constructed  as  to 
give  it  all  the  energy  and  stability  reconcileable 
with  the  principles  of  that  theory. 

"  These  were  the  genuine  sentiments  of  my 
heart,  and  upon  them  I  acted. 

"  I  sincerely  hope,  that  it  may  not  hereafter  be 
discovered,  that  through  want  of  sufficient  atten 
tion  to  the  last  idea,  the  experiment  of  republican 
government,  even  in  this  country,  has  not  been  as 
complete,  as  satisfactory,  and  as  decisive  as  could 
be  wished.  Very  truly,  dear  sir,  your  friend  and 
servant,  "A.  HAMILTON. 

"  TIMOTHY  PICKERING,  ESQ." 


CH.  II. 


MEMBERS   OF  THE   FEDERAL  CONTENTION. 


239 


II.    LIST   OF  THE  MEMBERS   OF 

THE   FEDERAL 

Mart/land. 

ATTENDED 

CONVENTION  WHICH   FORMK 

I)  THE   CONSTl- 

25.  JAMES  MTIENRY, 

May  29,  1787. 

TUT1ON  OF  THE  UNITED  STATES. 

26.  DANIEL  OF   ST.  THOMAS  JEN 

New  Hampshire. 

ATTENDED 

IFER  

June  2,        " 

I.  JOHN  LANGDON,     . 
JOHN  PICKEKINO, 

July  '23,   1787. 

27.  DANIEL  CARROLL,. 
JOHN  FRANCIS  MERCER,  . 

July  9,       " 
Aug.  6.       " 

2.  NICHOLAS  OILMAN, 

July  23,      " 

LUTHER  MARTIN,    . 

June  9.       " 

Virginia. 

Massachusetts. 

28.  GEORGE  WASHINGTON,    . 

May  25,      " 

FRANCIS  DANA,      .... 

PATRICK  HKXRY,  (declined.)  . 

ELB  RIDGE  GERRY,     . 

.     May  20,      " 

EDMUND  RANDOLPH, 

May  25,     " 

3.  NATHANIEL  GORHAM,  . 

May  '28,      " 

29.  JOHN  BLAIR  

ii           « 

4.  RUFUS  KING, 

.     May  25,      " 

30.  JAMES  MADISON,  Jr  

«           « 

CALEB  STRONG,       . 

May  28,      " 

GEORGE  MASON,     . 

«            >< 

J?/io(le  Island. 

GEORGE  WYTIIE, 

«           « 

JAMES  M'CLURG,  (in  the  room  of 

[No  appointment.] 

P.  Henry)    

«           « 

Connecticut. 

5.  WILLIAM  SAMUEL  JOHNSON, 

.     June  2,       " 

North  Carolina. 

6.  ROGER  SHERMAN,  . 

May  30,      " 

RICHARD  CASWELL,  (resigned,) 

OLIVER  ELSWORTII,  . 

.     May  29,     " 

ALEXANDER  MARTIN, 

May  25,     " 

WILLIAM  R.  DAVIE, 

«            « 

New  York. 

31.  WILLIAM  BLOUNT,  (in  the  room 

ROBERT  YATES,      . 

May  25,      " 

of  R.  Caswell)      .... 

June  20,  .  " 

7.  ALEXANDER  HAMILTON,. 

«             « 

WILLIE  JONES,  (declined.) 

JOHN  LANSING,       ... 

June  2,       " 

32.  RICHARD  D.  SPAIGHT,       . 

May  25,      " 

33.  HUGH  WILLIAMSON,  (in  the  room 

New  Jersey. 

of  W.  Jones)     .... 

it           a 

8.  WILLIAM  LIVINGSTON,      . 

June  5,       " 

9.  DAVID  BREARLY,    . 

May  25,     " 

South  Carolina. 

WILLIAM  C.  HOUSTON",       . 

it           a 

10.  WILLIAM  PATTERSON,   . 

i, 

34.  JOHN  RUTLEDGE, 

May  25,     " 

JOHN  NEILSON, 

35.  CHARLES  C.  PINCKNEY, 

«           a 

ABRAHAM  CLARK,  .... 

86.  CHARLES  PINCKNEY, 

a           « 

11.  JONATHAN  DAYTON, 

.     June  21,     " 

37.  PIERCE  BUTLER,     . 

a           « 

Pennsylvania. 

Georgia. 

12.  BENJAMIN  FRANKLIN,  . 

May  28,      " 

38.  WILLIAM  FEW  

May  25,      " 

13.  THOMAS  MIFFLIN, 

"           " 

39.  ABRAHAM  BALDWIN,    . 

June  11,     " 

14.  ROBERT  MORRIS,     . 

May  25,      " 

WILLIAM  PIERCE,       . 

May  31,     " 

15.  GEORGE  CLYMER,      . 

.     May  28,      " 

GEORGE  WALTON, 

1C.  THOMAS  FITZSIMONS,     . 

May  25,     " 

WILLIAM  IIOUSTOUN, 

June  1,       " 

17.  JARED  INGERSOLL,    . 

.     May  28,     " 

NATHANIEL  PENDLETO.V, 

18.  JAMES  WILSON, 

May  25,      " 

19.  GOUVERNEUR  MORRIS,     . 

.           "            " 

Delaware. 

Those  with  numbers  before  their  names, 

signed  the 

Constitution,  .... 

.     39 

20.  GEORGE  READ, 

May  25,     " 

Those  in  small  capitals,  never  attended, 

10 

21.  GUNNING  BEDFORD,  Jr.     . 

.     May  28,      " 

Member?  who  attended,  but  did  not  sign 

the  Consti- 

22.  JOHN  DICKINSON,  . 

"            " 

tution,   ..... 

.         .     16 

23.  RICHARD  BASSETT,    . 

.     May  25,      " 

24  JACOB   BROOM, 

"           " 

65 

240 


THE  ADOPTION   OF  THE  CONSTITUTION. 


[BK.  IV. 


CHAPTEK    III. 

1787-1788. 

THE     ADOPTION      OF     THE      CONSTITUTION. 

Congress  resolve  to  submit  the  new  Constitution  to  the  people  —  Opposition  to  be  expected  —  Feelings  aroused  — 
Marshall's  statements  respecting  the  FEDERALIST — Most  of  the  states  acted  promptly  —  Position  of  the  parties  for 
and  against  the  adoption  —  Action  in  several  of  the  states  —  Convention  of  Massachusetts  —  Constitution  advo 
cated  and  opposed  with  great  force  —  Amendments  proposed  —  Speech  of  Fisher  Ames —  Constitution  adopted 
by  a  small  majority  —  Amendments  recommended  —  Convention  in  New  Hampshire  —  The  Virginia  Convention 
—  Eminent  men  in  it  —  Patrick  Henry's  speeches  in  opposition  —  Randolph's  and  Madison's  in  favor  of  the 
adoption  of  the  Constitution  —  Final  action  —  The  Convention  of  New  York  —  The  amendments  proposed  — 
Steps  taken  to  secure  their  passage  —  North  Carolina  Convention  —  Opinions  and  views  of  the  statesmen  and 
patriots  of  that  day  on  this  subject  —  Extracts  from  Franklin's  and  Washington's  letters — Ratification  by  New 
Hampshire,  being  the  ninth  in  order,  Congress  take  the  steps  necessary  for  organizing  the  new  government.  AP 
PENDIX  TO  CHAPTEB  III.  I.  Debates  in  the  Virginia  Convention.  II.  Justice  Story,  on  the  Origin  and  Value 
of  the  Constitution.  III.  The  Convention  and  the  Constitution. 


ON  the  28th  of  September,  1787, 
Congress  received  the  report  of  the 
Federal  Convention,  together  with  the 
Draft  of  the  Constitution,  and  the 
letter  of  Washington  respecting  it. 
Whereupon,  it  was  "  Resolved,  unani- 
mouslv,  that  the  said  report, 

17871.          .  . 

with  the  resolutions  and  letter 
accompanying  the  same,  be  transmitted 
to  the  several  legislatures,  in  order  to 
be  submitted  to  a  convention  of  dele 
gates,  chosen  in  each  state,  by  the 
people  thereof,  in  conformity  to  the 
resolves  of  Convention,  made  and  pro 
vided  in  that  case." 

It  was  not  perhaps  to  be  hoped  for, 
much  less  to  be  expected,  that  the 
radical  changes  contemplated  in  the 
federal  government  by  the  new  Con 
stitution,  would  be  adopted  without 
vigorous  opposition.  Neither  the  in 
trinsic  merits  of  the  Constitution,  nor 
the  great  weight  of  character  by  which 
it  was  advocated  and  supported,  were 


sufficient  to  induce  its  friends  to  be  very 
sanguine  of  its  success,  when  presented 
before  the  people  for  their  approval. 
It  could  not  be  supposed,  for  a  moment, 
that  the  same  candid  and  calm  delib 
eration,  the  same  spirit  of  concession 
and  mutual  forbearance,  would  prevail 
among  the  great  body  of  the  citizens, 
as  among  their  enlightened  represent 
atives  in  the  Convention.  State  pride, 
state  feelings,  state  interests,  as  well  as 
state  fears  and  jealousies,  would  natu 
rally  have  influence  in  deciding  so  im 
portant  a  question.  Nor  could  the 
minds  of  a  whole  community,  be  easily 
brought  to  harmonize,  either  on  the 
subject  of  the  organization  of  a  na 
tional  government,  or  with  respect  to 
the  powers  proper  and  necessary  to  be 
granted  to  those  who  should  be  en 
trusted  with  its  administration.  Pre 
conceived  opinions,  long  established 
prejudices,  as  well  as  interested  viewrs, 
would,  almost  certainly,  govern  the 


CH.  III.] 


ACTION   OF  THE  STATE  CONVENTIONS. 


minds  of  many,  otherwise  well  mean 
ing,"  pereons  among  the  people. 

Of  necessity,  the  Constitution,  and 
the  question  of  its  adoption,  became 
immediately  the  engrossing  subject  of 
popular  discussion,  both  public  and 
private.  On  the  one  side,  it  was  hailed 
with  joy  and  satisfaction,  as  the  only 
source  of  safety  and  national  existence  ; 
on  the  other,  it  was  viewed  with  jeal 
ous  distrust  and  feelings  of  hostility; 
and  there  were  numbers  who  seemed 
to  think,  that  the  cradle  of  the  Consti 
tution  would  be  the  grave  of  Amer 
ica's  liberty.  "The  friends  and  ene 
mies  of  that  instrument,"  as  Marshall 
remarks,  "  were  stimulated  to  exertion 
by  motives  equally  powerful ;  and,  du 
ring  the  interval  between  its  publica 
tion  and  adoption,  every  faculty  of  the 
mind  was  strained  to  secure  its  recep 
tion  or  rejection.  The  press  teemed 
with  the  productions  of  tem 
perate  reason,  of  genius,  and 
of  passion  ;  and  it  Avas  apparent,  that 
each  party  believed  power,  sovereign 
ty,  liberty,  peace  and  security, — things 
most  dear  to  the  human  heart,  to  be 
staked  on  the  question  depending  be 
fore  the  public.  From  that  oblivion 
which  is  the  common  destiny  of  fugi 
tive  pieces,  treating  on  subjects  which 
agitate  only  for  the  moment,  was  res 
cued,  by  its  peculiar  merit,  a  series  of 
essays,  which  first  appeared  in  the 
papers  of  New  York.  To  expose  the 
real  circumstances  of  America,  and  the 
dangers  which  hung  over  the  repub 
lic;  to  detect  the  numerous  misrepre 
sentations  of  the  Constitution ;  to  re 
fute  the  arguments  of  its  opponents; 
and  to  confirm  and  increase  its  friends, 


1787. 


by  a  full  and  able  development  of  its 
principles ;  three  gentlemen,  Colonel 
Hamilton,  Mr.  Madison,  and  Mr.  Jay, 
distinguished  for  their  political  expe 
rience,  their  talents,  and  their  love  of 
union,  gave  to  the  public,  a  series  of 
numbers,  which,  collected  in  two  vol 
umes,  under  the  title  of  THE  FEDERAL 
IST,  will  be  read  and  admired,  when 
the  controversy  in  which  that  valuable 
treatise  on  government  originated,  shall 
be  no  longer  remembered."* 

Most  of  the  states  acted  promptly 
upon  the  recommendation  of  Congress, 
and  Conventions  were  called,  in  1787 
and  1788,  to  consider  and  decide  upon 
the  adoption  or  rejection  of  the  Con 
stitution.  The  importance  of  the  ques 
tions  at  issue,  called  forth  the  -best 
talent  in  the  country,  and  the  opposing 
views  were  advocated  with  a  fulness, 
force,  and  urgency,  never  surpassed  on 
any  occasion  in  our  history.  The  par 
ties  were  so  evenly  balanced  in  some 
of  the  Conventions,  that,  even  after  the 
subject  had  been  thoroughly  discussed, 
it  was  not  possible  to  conjecture  the 
fate  of  the  Constitution.  Small  ma 
jorities,  in  a  number  of  instances,  were 
all  that  could  be  obtained  in  favor  of 
the  adoption;  and.  there  is  probably 
no  reason  to  doubt,  that,  in  some  of 
the  states,  where  the  Conventions  rati 
fied  the  Constitution,  the  majority  of 
the  people  were  in  the  opposition. 
The  numerous  amendments  which  were 
proposed,  show  how  reluctantly  the  new 
government  was  accepted  ;  and  we  may 
well  believe  what  Chief  Justice  Mar 
shall  says,  in  solemn  sadness,  that  "  the 

*  Marshall's  "  Life  of  Washington,"  vol.  ii.,  p.  127. 


242 


THE  ADOPTION    OF  THE  CONSTITUTION. 


[B.v.  IV. 


17§§. 


interesting  nature  of  the  question,  the 
equality  of  the  parties,  the  animation 
produced  inevitably  by  ardent  debate, 
had  a  necessary  tendency  to  embitter 
the  dispositions  of  the  vanquished,  and 
to  fix  more  deeply,  in  many 
bosoms,  their  prejudices  against 
a  plan  of  government,  in  opposition  to 
which,  all  their  passions  were  en 
listed." 

The  Constitution  was  adopted  unan 
imously,  by  the  Conventions  held  in 
Delaware,  New  Jersey,  and  Georgia ; 
and  by  large  majorities  in  Pennsylva 
nia,  Connecticut,  Maryland,  and  South 
Carolina.  Rhode  Island  refused  to  call 
a  Convention ;  and  in  several  of  the 
more  important  states  it  was,  for  a 
time,  a  matter  of  doubt,  whether  they 
tvould  assent  to  the  Constitution  with 
out  previous  amendments.*  The  im 
minent  danger,  however,  in  which  the 
country  was  placed,  without  a  govern 
ment,  without  funds,  deeply  in  debt, 
treated  with  contempt  abroad  and 


*  "It  may  be  in  me,"  said  Ilamilton,  in  concluding 
the  last  number  of  the  Federalist,  "  a  defect  of  politi 
cal  fortitude,  but  I  acknowledge  that  I  cannot  enter 
tain  an  equal  tranquillity  with  those  who  affect  to 
treat  the  dangers  of  a  longer  continuance  in  our  pres 
ent  situation  as  imaginary.  A  NATION,  without  a 
NATIONAL  GOVERNMENT,  is  an  awful  spectacle.  The 
establishment  of  a  Constitution,  in  time  of  profound 
peace,  by  the  voluntary  consent  of  a  whole  people, 
is  a  prodigy,  to  'the  completion  of  which  I  look  for 
ward  with  trembling  anxiety.  In  so  arduous  an  en 
terprise,  I  can  reconcile  it  to  no  rules  of  prudence,  to 
let  go  the  hold  we  now  have  upon  seven  out  of  the 
thirteen  states;  and  after  having  passed  over  so  con 
siderable  a  part  of  the  ground,  to  recommence  the 
course.  I  dread  the  more  the  consequences  of 
new  attempts,  because  I  KNOW  -that  POWERFUL  INDI 
VIDUALS,  in  this,  and  in  other  states,  are  enemies  to 
a  general  national  government  in  every  possible 
shape." — TJie  Federalist,  p.  404. 


threatened  with  anarchy  at  home,  com 
pelled  men  to  action,  which,  under  other 
circumstances,  they  would  not  have 
taken. 

In  January,  1788,  the  Convention  of 
Massachusetts  held  its  session  and  en 
tered  upon  a  careful  examination  and 
discussion  of  the  Constitution,  para 
graph  by  paragraph.  The  rank  which 
this  state  had  always  enjoyed  in  the 
confederacy  caused  its  action  to  be 
looked  to  with  extreme  solicitude ;  and 
it  was  regarded  as  certain,  that  the 
course  which  Masshchusetts  might 

o 

adopt,  wrould  greatly  influence  New 
Hampshire  and  other  states  which 
had  not  yet  acted  upon  this  important 
question.  Men  of  the  most  distin 
guished  talents  were  in  this  Conven 
tion,  and  their  exertions  were  commen 
surate  with  the  great  responsibility 
resting  upon  them.  Such  men  as 
James  Bowdoin,  Rufus  King,  Fisher 
Ames,  John  Hancock,  and  others  not 
less  eminent,  entered  upon  the  work 
which  they  had  to  do,  with  indefatiga 
ble  zeal,  courage  and  ability.  A  whole 
month  the  questions  were  debated ; 
and  for  a  considerable  time  it  was  un 
certain  what  "might  be  the  result  of  the 
Convention. 

One  of  its  members,  as  quoted  by 
Pitkin,  thus  speaks  of  the  parties  in  it 
who  opposed  the  adoption  of  the  Con 
stitution  :  "  Never  was  there  an  assem 
bly  in  this  state  in  possession  of  greater 
abilities  and  information,  than  the  pres 
ent  Convention  ;  yet  I  am  in  doubt 
whether  they  will  approve  the  Consti 
tution.  There  are  unhappily  three 
parties  opposed  to  it.  1.  All  men  who 
are  in  favor  of  paper  money  and  ten- 


Cn.  III.] 


PISIIER  AMES'S  SPEECH. 


243 


der  laws.  These  are  more  or  less  in 
every  part  of  the  state.  2.  All  the 
late  insurgents,  and  their  abettors.  We 
have  in  the  Convention  eighteen  or 
twenty  who  were  actually  in  Shays's 
army.  3.  A  great  majority  of  the 
members  from  the  province  of  Maine. 
Many  of  them  and  their  constituents 
are  only  squatters  upon  other  people's 
land,  and  they  are  afraid  of  being 
brought  to  account.  They  also  think, 
though  erroneously,  that  their  favorite 
plan  of  being  a  separate  state,  will  be 
defeated.  Add  to  these,  the  honest 
doubting  people,  and  they  make  a 
powerful  host." 

John  Hancock,  on  taking  his  seat  as 
president,  having  been  detained  for 
some  time  by  illness,  proposed  certain 
amendments  to  be  subsequently  intro 
duced  into  the  Constitution. 

The  proposition  of  Hancock  gave  a 
new  aspect  to  the  question,  and  the 
amendments  were  referred  to  a  com 
mittee  and  reported  with  some  few  al 
terations.  The  result  was,  that  some 
of  the  members,  like  Samuel  Adams, 
who  had  before  been  opposed,  now  be 
came  warm  advocates  of  the  Constitu 
tion  ;  and  the  importance  and  necessity 
of  adopting  it,  with  the  proposed 
amendments,  were  urged  with  great 
force  and  strength  of  argument.  That 

o  o 

eloquent  orator,  Fisher  Ames,  in  a 
speech  of  singular  power,  pressed  upon 
the  attention  of  the  Convention  the 
dangers  of  delay,  and  the  impending 
peril  which  threatened  the  -vhole 
country.  "Shall  we,"  he  asked,  "put 
every  thing  to  hazard  by  rejecting  this 
Constitution?  We  have  great  advan 
tages  by  it  in  respect  of  navigation ; 


and  it  is  the  general  interest  of  the 
states  that  we  should  have  them.  But 
if  we  reject  it,  what  security  have  we 
that  we  shall  obtain  them  a  second 
time  against  the  local  interests  and 
prejudices  of  the  other  states?  Who 
is  there  that  really  loves  liberty,  that 
will  not  tremble  for  its  safety,  if  the 
federal  government  should  be  dis 
solved  ?  Can  liberty  be  safe  without 
government  ?  .  .  .  .  The  union 
is  essential  to  our  being  as  a  nation. 
The  pillars  that  prop  it  are  crumbling 
to  powder.  The  union  is  the  vital  sap 
that  nourishes  the  tree.  If  we  reject 
the  Constitution,  to  use  the  language 
of  the  country,  we  girdle  the  tree,  its 
leaves  will  wither,  its  branches  drop 
oft]  and  the  mouldering  trunk  will:  be 
torn  down  by  the  tempest.  What  se 
curity  has  this  single  state  against  for 
eign  enemies?  Could  we  defend  the 
mast  country,  which  the  British  so 
much  desire  ?  Can  we  protect  our 
fisheries,  or  secure  by  treaties  a  sale 
for  the  produce  of  our  lands  in  foreign 
markets  ?  Is  there  no  loss,  no  danger, 
by  delay?  In  spite  of  our  negligence 
and  perverseness,  are  we  to  enjoy  at  all 
times  the  privilege  of  forming  a  Con 
stitution,  which  no  other  nation  has  en 
joyed  at  all  ?  We  approve  our  own 
form  of  government,  and  seem  to  think 
ourselves  in  safety  under  its  protection. 
We  talk  as  if  there  was  no  danger  of 
deciding  wrong.  But  when  the  inun 
dation  comes,  shall  we  stand  on  dry 
land?  The  state  government  is  a 
beautiful  structure.  It  is  situated,  how 
ever,  on  the  naked  beach.  The  union 
is  the  dyke  to  fence  out  the  flood. 
That  dyke  is  broken  and  decayed,  and 


244 


THE  ADOPTION    OF  THE   CONSTITUTION. 


|BK.  IV. 


1788. 


if  we  do  not  repair  it,  when  the  next 
spring  tide  comes,  we  shall  be  buried 
in  one  common  ruin." 

The  amendments  proposed  were,  in 
substance,  such  as  wrere  afterwards 
adopted  and  added  to  the  Constitu 
tion.*  On  the  6th  of  February,  the 
question  was  taken,  and  the  adoption 
was  carried  by  a  vote  of  187  to  168. 
In  transmitting  to  Congress  their  as- 

O  O 

sent  and  ratification,  they  added  :  "  The 
Convention  do,  in  the  name  and  behalf 
of  the  people  of  this  Commonwealth, 
enjoin  it  upon  their  representa 
tives  in  Congress  at  all  times, 
until  the  alterations  and  provisions 
aforesaid  have  been  considered  agreea 
bly  to  the  fifth  article  of  the  said  Con 
stitution,  to  exert  all  their  influence, 
and  use  all  reasonable  and  legal  meth 
ods  to  obtain  a  ratification  of  the  said 
alterations  and  provisions,  in  such  man 
ner  as  is  provided  in  the  said  article." 

A  Convention  met  in  New  Hamp 
shire  soon  after  this  decision  in  Massa 
chusetts;  but  adjourned,  in  a  few  days, 
until  the  summer.  On  the  21st  of 
June,  the  Constitution  was  assented  to 
by  a  majority  of  eleven  only,  and  sub 
stantially  in  the  form  and  manner  set 
forth  by  Massachusetts.  In  addition 
to  the  amendments  proposed  by  the 
latter,  the  former  recommended,  that 
no  standing  army  be  kept  up  in  time 
of  peace,  unless  with  the  consent  of 
three-fourths  of  the  members  of  both 
houses  of  Congress  ;  that  no  soldiers  in 
time  of  peace  be  quartered  in  private 


*  The  student  will  find  these  amendments  in  the 
Supplement  to  the  "  Journal  of  the  Federal  Conven 
tion,"  pp.  401-404. 


1788 


houses,  without  the  consent  of  the  own 
ers  ;  and  that  Congress  should  make  no 
laws  touching  religion,  or  infringing  the 
rights  of  conscience ;  nor  disarm  any 
citizen,  unless  such  as  were,  or  had  been, 
in  actual  rebellion. 

Virginia,  New  York,  and  North  Car 
olina,  held  Conventions  during  the 
summer  of  1788,  and  it  was  in  these 
states  that  opposition  to  the  adoption 
of  the  Constitution  was  most  power 
fully  and  perseveringly  made. 

The  Convention  of  Virginia  met  on 
the  2d  of  June,  and  the  eminent 
men  of  that  important  state  were 
arranged  on  opposite  sides.  Patrick 
Henry,  George  Mason,  William  Gray- 
son,  James  Munroe,  and  others,  were  in 
the  ranks  of  opposition  ;  and  they  were 
met  by  Mr.  Pendleton,  Edmund  Ran 
dolph,  Mr.  Madison,  John  Marshall, 
Mr.  Wythe,  George  Nicholas,  and  oth 
ers.  The  debates  as  given  to  the  pub 
lic,  though  no  doubt  imperfect,  exhibit 
a  display  of  eloquence  and  talents,  cer 
tainly,  at  that  time,  unequalled  in  de 
liberative  bodies  in  America.  Patrick 
Henry,  with  that  fervor  of  zeal  in  be 
half  of  the  cause  he  adopted,  spoke 
frequently,  and  warmly,  in  condemna 
tion  of  the  proposed  Constitution  ;  and 
he  brought  into  play  all  his  persuasive 
powers  to  prevent  its  adoption.  As  a 
matter,  historically  of  deep  interest  to 
us  wrho  are  living  under  the  blessing 

O  O 

and  advantages  of  the  Constitution  of 
our  common  country,  we  give  several 
extracts  from  Mr.  Henry's  remarks  in 
the  Convention.  They  may  be  read 
with  profit  by  every  American,  and 
may  have  the  effect  of  leading  us  to 
moderate  excess  of  zeal  in  questions 


CH.  III.] 


PATRICK   HENRY'S  SPEECH. 


much  disputed  in  tlie  United  States, 
under  the  example  afforded  us  of  how 
fur  wrong  even  a  man  like  Patrick 
Henry  proved  to  be  with  regard  to  the 
actual  working  of  the  Constitution.* 

"This  proposal,"  said  the   eloquent 
Virginian,  "  of  altering  our  federal  POV- 

O  O  o 

eminent,  is  of  a  most  alarming  nature  : 
make  the  best  of  this  new  govern 
ment  ;  say  it  is  composed  by  any  thing 
but  inspiration;  you  ought  to  be  ex 
tremely  cautious,  watchful,  jealous  of 
your  liberty;  for  instead  of  securing 
your  rights,  you  may  lose  them  forever. 
If  a  wrong  step  be  now  made,  the  re 
public  may  be  lost  forever.  If  this 
new  government  will  not  come  up  to 
the  expectation  of  the  people,  and  they 
should  be  disappointed,  their  liberty 
will  be  lost,  and  tyranny  must  and  will 
arise.  I  repeat  it  again,  and  I  beg 
gentlemen  to  consider,  that  a  wrong 
step,  made  now,  will  plunge  us  into 
misery,  and  our  republic  will  be  lost. 
It  will  be  necessary  for  this  Convention, 
to  have  a  faithful  historical  detail  of 
the  facts,  that  preceded  the  session  of 
the  Federal  Convention,  and  the  rea 
sons  that  actuated  its  members,  in  pro 
posing  an  entire  alteration  of  govern 
ment,  and  to  demonstrate  the  dangers 
that  awaited  us.  If  they  were  of  such 
awful  magnitude,  as  to  warrant  a  pro 
posal  so  extremely  perilous  as  this,  I 
must  assert,  that  this  Convention  has  an 
absolute  light  to  a  thorough  discovery 
of  every  circumstance  relative  to  this 
great  event.  And  here  I  would  make 


*  Mr.  Wirt  gives  a,  summing  tip  of  Ilenry's  objec 
tions  to  the  new  Constitution,  in  his  "  Life  of  Pat 
rick  Henry,"  pp.  299-306. 
VOL.  II.— 31 


this  inquiry  of  those  worthy  characters 
who  composed  a  part  of  the  late  Fed 
eral  Convention.  I  am  sure  they  were 
fully  impressed  with  the  necessity  of 
forming  a  great  consolidated  govern 
ment,  instead  of  a  confederation.  That 
this  is  a  consolidated  government,  is 
demonstrably  clear ;  and  the  danger 
of  such  a  government  is,  to  my  mind, 
very  striking.  I  have  the  highest  ven 
eration  for  those  gentlemen;  but,  sir, 
give  me  leave  to  demand,  what  right 
had  they  to  say,  '  We,  the  People  ?' 
My  political  curiosity,  exclusive  of  my 
anxious  solicitude  for  the  public  wel 
fare,  leads  me  to  ask,  who  authorized 
them  to  speak  the  language  of,  '  We, 
the  People,'  instead  of  We,  the  States  ? 
States  are  the  characteristics,  and  the 
soul  of  a  confederation.  If  the  states 
be  not  the  agents  of  this  compact,  it 
must  be  one  great  consolidated  national 
government  of  the  people  of  all  the 
states.  I  have  the  highest  respect  for 
those  gentlemen,  who  formed  the  Con 
vention  ;  and  were  some  of  them  not 
here,  I  would  express  some  testimonial 
of  esteem  for  them.  America  had  on 
a  former  occasion,  put  the  utmost  con 
fidence  in  them  ;  a  confidence  which 
was  Avell  placed ;  and  I  am  sure,  sir,  I 
would  give  up  any  thing  to  them ;  I 
would  cheerfully  confide  in  them  as 
my  representatives.  But,  sir,  on  this 
great  occasion,  I  would  demand  the 
cause  of  their  conduct.  Even  from  that 
illustrious  man,  who  saved  us  by  his 
valor,  I  would  have  a  reason  for  his 
conduct;  that  liberty  which  he  has 
given  us  by  his  valor,  tells  me  to  ask 
this  reason,  and  sure  I  am,  were  he 
here,  he  would  give  us  that  reason : 


246 


THE  ADOPTION   OF  THE   CONSTITUTION. 


[BK.  IV. 


but  there  are  other  gentlemen  here, 
who  can  give  us  this  information.  The 
people  gave  them  no  power  to  use 
their  name.  That  they  exceeded  their 
power,  is  perfectly  clear.  It  is  not 
mere  curiosity  that  actuates  me  ;  I  wish 
to  hear  the  real,  actual,  existing  dan 
ger,  which  should  lead  us  to  take  those 
steps  so  dangerous  in  my  conception. 
Disorders  have  arisen  in  other  parts  of 
America,  but  here,  sir,  no  dangers,  no 
insurrection  or  tumult,  has  happened; 
every  thing  has  been  calm  and  tran 
quil.  But  notwithstanding  this,  we  are 
wandering  on  the  great  ocean  of  human 
affairs.  I  see  no  land-mark  to  guide 
us.  We  are  running,  we  know  not 
whither.  Difference  in  opinion  has 
gone  to  a  degree  of  inflammatory  re 
sentment,  in  different  parts  of  the  coun 
try,  which  has  been  occasioned  by  this 
perilous  innovation.  The  Federal  Con 
vention  ought  to  have  amended  the  old 
system ;  for  this  purpose,  they  were 
solely  delegated:  the  object  of  their 
mission  extended  to  no  other  consider 
ation.  You  must  therefore  forgive  the 
solicitation  of  one  unworthy  member, 
to  know  what  danger  could  have  arisen 
under  the  present  Confederation,  and 
what  are  the  causes  of  this  proposal,  to 
change  our  government." 

O  O 

The  next  day,  Mr.  Henry  further 
remarked :  • "  This  Constitution  is  said 
to  have  beautiful  features ;  but  when  I 
come  to  examine  these  features, 
sir,  they  appear  to  me  horribly 
frightful.  Among  other  deformities,  it 
has  an  awful  squinting ;  it  squints  to 
wards  monarchy ;  and  does  not  this 
raise  indignation  in  the  breast  of  every 
true  American?  Your  president  may 


17§8. 


easily  become  king.  Your  senate  is  so 
imperfectly  constructed,  that  your  dear 
est  rights  may  be  sacrificed  by  what 
may  be  a  small  minority:  and  a  very 
small  minority  may  continue  forever 
unchangeably  this  government,  al 
though  horridly  defective.  Where  are 
your  checks  in  this  government  ?  Your 
strong-holds  will  be  in  the  hands  of 
your  enemies.  It  is  on  a  supposition 
that  your  American  governors  shall  be 
honest,  that  all  the  good  qualities  of 
this  government  are  founded ;  but  its 
defective  and  imperfect  construction, 
puts  it  in  their  power  to  perpetrate 
the  worst  of  mischiefs,  should  they  be 
bad  men.  And,  sir,  would  not  all  the 
world,  from  the  eastern  to  the  western 
hemisphere,  blame  our  distracted  folly 
in  resting  our  rights  upon  the  contin 
gency  of  our  rulers  being  good  or  bad  ? 
Show  me  that  age  and  country  where 
the  rights  and  liberties  of  the  people 
were  placed  on  the  chance  of  their  ru 
lers  being  good  men,  without  a  conse 
quent  loss  of  liberty.  I  say  that  the 
loss  of  that  dearest  privilege  has  ever 
followed  with  absolute  certainty,  every 
such  mad  attempt.  If  your  American 
chief  be  a  man  of  ambition  and  abili 
ties,  how  easy  will  it  be  for  him  to  ren 
der  himself  absolute  !  The  army  is  in 
his  hands,  and,  if  he  be  a  man  of  ad 
dress,  it  will  l)e  attached  to  him ;  and 
it  will  be  the  subject  of  long  meditation 
with  him  to  seize  the  first  auspicious 
moment  to  accomplish  his  design.  And, 
sir,  will  the  American  spirit  solely  re 
lieve  you  when  this  happens  ?  I  would 
rather  infinitely,  and  I  am  sure  most  of 
this  Convention  are  of  the  same  opinion, 
have  a  king,  lords,  and  commons,  than 


Cu.  Ill] 


PATRICK   HENRY'S  SPEECH. 


247 


a  government,  so  replete  with  such  in 
supportable  evils.  If  we  make  a  king, 
we  may  prescribe  the  rules  by  which 
he  shall  rule  his  people,  and  interpose 
such  checks  as  shall  prevent  him  from 
infringing  then.:  but  the  president  in 
the  field,  at  the  head  of  his  army,  can 
prescribe  the  terms  on  which  he  shall 
reign  master,  so  far  that  it  Avill  puzzle 
any  American  ever  to  get  his  neck  from 
under  the, galling  yoke.  I  cannot,  with 
patience,  think  of  this  idea.  If  ever  he 
violates  the  laws,  one  of  two  things  will 

o 

happen:  he  will  come  at  the  head  of 
his  army  to  carry  every  thing  before 
him;  or,  he  will  give  bail,  or  do  what 
Mr.  Chief  Justice  will  order  him.  If 
he  be  guilty,  will  not  the  recollection 
of  his  crimes  teach  him  to  make  one 
bold  push  for  the  American  throne  ? 
Will  not  the  immense  difference  be 
tween  being  master  of  every  thing,  and 
being  ignominiously  tried  and  punished, 
powerfully  excite  him  to  make  this 
bold  push  ?  But,  sir,  where  is  the  ex 
isting  force  to  punish  him  ?  Can  he 
not,  at  the  head  of  his  army,  beat  down 
every  opposition?  Away  with  your 
president;  we  shall  have  a  king:  the 
army  will  salute  him  monarch ;  your 
militia  will  leave  you,  and  assist  in 
making  him  king,  and  fight  against 
you :  and  what  have  you  to  oppose 
this  force  ?  What  will  then  become 
of  you  and  your  rights  ?  Will  not  ab 
solute  despotism  ensue  ?" 

''  We  are  told  that  this  government, 
collectively  taken,  is  without  an  exam 
ple  ;  that  it  is  national  in  this  part,  and 
federal  in  that  part,  etc.  We  may  be 
amused,  if  we  please,  by  a  treatise  of 
political  auatom}'.  In  the  brain  it  is 


national :  the  stamina  are  federal — 
some  limbs  are  federal,  others  national. 
The  senator  are  voted  for  by  the  state 
legislatures ;  so  far  it  is  federal.  Indi 
viduals  choose  the  members  of  the  first 
branch  ;  here  it  is  national.  It  is  fed 
eral  in  conferring  general  powers,  but 
national  in  retaining  them.  It  is  not 
to  be  supported  by  the  states — the 
pockets  of  individuals  are  to  be 
searched  for  its  maintenance.  What 
signifies  it  to  me,  that  you  have  the 
most  curious  anatomical  description  of 
it  in  its  creation  ?  To  all  the  common 
purposes  of  legislation  it  is  a  great  con 
solidation  of  government.  You  are  not 
to  have  the  right  to  legislate  in  any  but 
trivial  cases :  you  are  not  to  touch  jpri- 
vate  contracts :  you  are  not  to  have  the 
right  of  having  arms  in  your  own  de 
fence  :  you  cannot  be  trusted  with  deal 
ing  out  justice  between  man  and  man. 
What  shall  the  states  have  to  do  ? — 
Take  care  of  the  poor,  repair  and  make 
highways,  erect  bridges,  and  so  on  and 
so  on.  Abolish  the  state  legislatures 
at  once.  What  purposes  should  they 
be  continued  for  ?  Our  legislature  will 
indeed  be  a  ludicrous  spectacle — one 
hundred  and  eighty  men  marching  in 
solemn,  farcical  procession,  exhibiting  a 
mournful  proof  of  the  lost  liberty  of 
their  country,  without  the  power  of  re 
storing  it.  But,  sir,  we  have  the  con 
solation,  that  it  is  a  mixed  government ; 
that  is,  it  may  work  sorely  on  your 
neck,  but  you  will  have  some  comfort 
by  saying,  that  it  was  a  federal  govern 
ment  in  its  origin." 

When  the  question  of  ratification 
came  up,  June  24th,  Mr.  Henry  again 
spoke  on  the  subject:  "Have  gentle- 


248 


THE  ADOPTION   OF  THE  CONSTITUTION. 


[BK.  IV. 


men  no  respect  to  the  actual  disposi 
tions  of  the  people  in  the  adopting 
states?  Look  at  Pennsylvania  and 
Massachusetts.  These  two  great  states 
have  raised  as  great  objections  to  that 
government  as  we  do.  There  was  a 
majority  of  only  nineteen  in  Massachu 
setts.  "We  are  told  that  only  ten  thou- 
san'd  wrere  represented  in  Pennsylva 
nia,  although  seventy  thousand  had  a 
right  to  be  represented.  Is  not  this  a 
serious  thing  ?  Is  it  not  worth  while 
to  turn  your  eyes  for  a  moment  from 
subsequent  amendments,  to  the  situa 
tion  of  your  country  ?  Can  you  have 
a  lasting  union  in  these  circumstances  ? 
It  will  be  in  vain  to  expect  it.  But  if 
you  agree  to  previous  amendments, 
you  shall  have  union,  firm  and  solid. 
I  cannot  conclude  without  saying,  that 
I  shall  have  nothing  to  do  with  it,  if 
subsequent  amendments  be  determined 
upon.  Oppressions  will  be  carried  on 
as  radically  by  the  majority,  when  ad 
justments  and  accommodations  will  be 
held  up.  I  say,  I  conceive  it  my  duty, 
if  this  government  is  adopted  before  it 
is  amended,  to  go  home.  I  shall  act  as 
I  think  my  duty  requires.  Every  other 
gentleman  will  do  the  same.  Previous 
amendments,  in  my  opinion,  are  neces 
sary  to  procure  peace  and  tranquillity. 
I  fear,  if  they  be  not  agreed  to,  every 
movement  •  and  operation  of  govern 
ment  will  cease,  and  how  long  that 
baneful  thing,  civil  discord,  will  stay 
from  this  country,  God  only  knows. 
When  men  are  free  from  restraint,  how 
long  will  you  suspend  their  fury  ?  The 
interval  between  this  and  bloodshed, 
is  but  a  moment.  The  licentious  and 
wicked  of  the  community,  will  seize 


with  avidity  every  thing  you  hold.  In 
this  unhappy  situation,  what  is  to  be 
done  ?  It  surpasses  my  stock  of  wis 
dom.  If  you  will,  in  the  language  of 
freemen,  stipulate  that  there  are  rights 
which  no  man  under  heaven  can  take 
from  you,  you  shall  have  me  going 
along  with  you,  and  not  otherwise."* 

Mr.  Randolph,  in  a  very  forcible 
speech,  controverted  the  views  of  Pat 
rick  Henry,  concluding  in  these  words  : 
"  I  have  labored  for  the  continuance  of 
the  Union — the  rock  of  our  salvation. 
I  believe,  that,  as  sure  as  there  is  a  God 
in  Heaven,  our  safety,  our  political 
happiness  and  existence,  depend  on  the 
Union  of  the  states  ;  and,  that  without 
this  Union,  the  people  of  this  and  the 
other  states,  will  undergo  the  unspeak 
able  calamities,  which  discord,  faction, 
turbulence,  war,  and  bloodshed,  have 
produced  in  other  countries.  The  Amer 
ican  spirit  ought  to  be  mixed  with 
American  pride — pride  to  see  the  Union 
magnificently  triumph.  Let  that  glo 
rious  pride,  which  once  defied  the 
British  thunder,  reanimate  you  again. 
Let  it  not  be  recorded  of  Americans, 


*  Henry,  finding  himself  likely  to  be  overpowered, 
despite  his  surpassing  eloquence,  expressed  his  senti 
ments  at  the  close  of  the  debate  in  the  following 
manly  terms  :  "  If  I  shall  be  in  the  minority,  I  shall 
have  those  painful  sensations  which  arise  from  a  con 
viction  of  being  overpowered  in  a  good  cause.  Yet 
I  will  he  a  peaceable  citizen !  My  head,  my  hand,  and 
my  heart,  shall  he  at  liberty  to  retrieve  the  loss  of 
liberty,  and  remove  the  defects  of  that  system  in  a 
constitutional  way.  I  wish  not  to  go  to  violence,  but 
will  wait  with  hopes  that  the  spirit  which  predomina 
ted  in  the  Revolution,  is  not  yet  gone,  nor  the  cause 
of  those  who  are  attached  to  the  Revolution  yet  lost. 
I  shall  therefore  patiently  wait,  in  expectation  of  see 
ing  that  government  changed,  so  as  to  be  compatible 
with  the  safety,  liberty,  and  happiness  of  the  peo 
ple." 


Cu.  III.] 


RANDOLPH'S   AND   MADISON'S  SPEECHES. 


240 


that,  after  having  performed  the  most 
gallant  exploits,  after  having  overcome 
the  most  astonishing  difficulties,  and 
after  having  gained  the  admiration  of 
the  world  by  their  incomparable  valor 
and  policy,  they  lost  their  acquired  rep 
utation,  their  national  consequence  and 
happiness,  by  their  o\vn  indiscretion. 
Let  no  future  historian  inform  poster 
ity,  that  they  wanted  wisdom  and 
virtue,  to  concur  in  any  regular,  effi 
cient  government.  Should  any  writer, 
doomed  to  so  disagreeable  a  task,  feel 

O 

the  indignation  of  an  honest  historian, 
he  would  reprehend  and  recriminate 
our  folly,  with  equal  severity  arid  jus 
tice.  Catch  the  present  moment,  seize 
it  with  avidity  and  eagerness,  for  it 
may  be  lost,  never  to  be  regained. 
If  the  Union  be  now  lost,  I  fear  it  will 
remain  so  forever.  I  believe  gentle- 

O 

men  are  sincere  in  their  opposition,  and 
actuated  by  pure  motives :  but  when 
I  maturely  weigh  the  advantages  of 
the  Union,  and  dreadful  consequences 
of  its  dissolution  ;  when  I  see  safety  on 
my  right,  and  destruction  on  my  left ; 
when  I  behold  respectability  and  hap 
piness  acquired  by  the  one,  but  annihi 
lated  by  the  other ;  I  cannot  hesitate  to 
decide  in  favor  of  the  former.  I  hope 
my  weakness,  from  speaking  so  long, 
will  apologize  for  my  leaving  this  sub 
ject  in  so  mutilated  a  condition.  If  a 
further  explanation  be  desired,  I  shall 
take  the  liberty  to  enter  into  it  more 
fully  another  time." 

James  Madison  was,  however,  the 
most  powerful  advocate  for  the  adop 
tion  of  the  Constitution.  Mr. 
Wythe  having  moved  that  the 
Convention  do  ratify  the  Constitution, 


1788. 


recommending  the  Congress  to  make 
certain  amendments,  Madison  was  con 
vinced  that  the  fate  of  the  system  he 
had  been  so  instrumental  in  forming, 

O/ 

depended  on  the  question  then  to  be 
decided.  He  was  too  well  acquainted 
with  the  difficulties  in  the  general 
convention,  to  believe  that  the  states 
could  ever  unite  in  the  various  amend 
ments  which  would  be  proposed. 

"  jN"othinor  has  excited  more  admira- 

O 

tion  in  the  world,"  said  Mr.  Madison, 
"  than  the  manner  in  which  free  gov 
ernments  have  been  established  in 
America.  For  it  was  the  first  instance 
from  the  creation  of  the  world  to  the 

American  Revolution,  that  free 

17/88* 

inhabitants  have  been  seen  de 
liberating  on  a  form  of  government;  and 
selecting  such  of  their  citizens  as  pos 
sessed  their  confidence,  to  determine 
upon,  and  give  effect  to  it.  But  why  has 
this  excited  so  much  wonder  and  ap 
plause  ?  Because  it  is  of  so  much  mag 
nitude,  and  because  it  is  liable  to  be 
frustrated  by  so  many  accidents.  If  it 
has  excited  so  much  wonder,  that  the 
United  States  have  in  the  middle  of 
war  and  confusion,  formed  free  systems 
of  government,  how  much  more  aston 
ishment  and  admiration  will  be  excited, 
should  they  be  able,  peaceably,  freely, 
and  satisfactorily,  to  establish  one  gen 
eral  government,  when  there  is  such  a 
diversity  of  opinions  and  interests,  when 
not  cemented  or  stimulated  by  any 
common  danger?  How  vast  must  be 
the  difficulty  of  concentrating  in  one 
government  the  interests,  and  concilia 
ting  the  opinions  of  so  many  different 
heterogeneous  bodies  ?  How  have  the 
confederacies  of  ancient  and  modern 


250 


THE  ADOPTION   OF  THE  CONSTITUTION. 


[BK.  IV. 


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i- 

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is 
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Is 
r 

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;o 

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IS 

J 

IS 

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times  been  formed  ?  As  far  as  ancient 
history  describes  the  former  to  us,  they 
were  brought  about  by  the  wisdom  of 
some  eminent  sage.  How  was  the  im 
perfect  union  of  the  Swiss  Cantons 
formed?  By  danger.  How  was  the 
confederacy  of  the  United  Netherlands 
formed  ?  By  the  same.  They  were 
surrounded  by  dangers.  By  these  and 
one  influential  character,  they  were 
stimulated  to  unite.  How  was  the 
Germanic  system  formed  ?  By  danger, 
in  some  degree,  but  principally  by 
the  overruling  influence  of  individuals. 
When  we  consider  this  government, 
we  ought  to  make  great  allowances. 
We  must  calculate  the  impossibility 

t/ 

that  every  state  should  be  gratified  in 
its  wishes,  and  much  less  that  every 
individual  should  receive  this  gratifica 
tion.  It  has  never  been  denied  by  the 
friends  of  the  paper  on  the  table,  that 
it  has  its  defects.  But  they  do  not 
think  that  it  contains  any  real  danger. 
They  conceive  that  they  will  in  all 
probability  be  removed  when  expe 
rience  will  show  it  to  be  necessary. 
I  beg  that  gentlemen  deliberating  on 
this  subject,  would  consider  the  alter 
native.  Either  nine  states  will  have 
ratified  it  or  they  will  not.  If  nine 
states  will  adopt  it,  can  it  be  reason 
ably  presumed  or  required,  that  nine 
states  having  freely  and  fully  consid 
ered  the  subject,  and  come  to  an  affir 
mative  decision,  will  upon  the  demand 
of  a  single  state,  agree  that  they  acted 
wrong,  and  could  not  see  its  defects- 
tread  back  the  steps  which  they  have 
taken,  and  come  forward  and  reduce  it 
to  uncertainty,  whether  a  general  sys 
tem  shall  be  adopted  or  not  ?  Vir- 


1789. 


ginia  has  always  heretofore  spoken  the 
language  of  respect  to  the  other  states, 
and  she  has  always  been  attended  to. 
Will  it  be  that  language,  to  call  on  a 

o          o      t 

majority  of  the  states  to  acknowledge 
that  they  have  done  wrong  ?  Is  it  the 
language  of  confidence  to  say,  that  we 
do  not  believe  that  amendments  for  the 
preservation  of  the  common  liberty  and 
general  interest  of  the  states, 
will  be  consented  to  by  them  ? 
This  is  neither  the  language  of  con 
fidence  nor  respect.  Virginia,  when 
she  speaks  respectfully,  will  be  as 
much  attended  to  as  she  has  hitherto 
been,  when  speaking  this  language. 

/  JL  O  O          o 

It  is  a  most  awful  thing  that  depends 
on  our  decision — no  less  than  whether 
the  thirteen  states  shall  unite  freely, 
peaceably,  and  unanimously,  for  the 
security  of  their  common  happiness 
and  liberty,  or  whether  every  thing  is 
to  be  put  in  confusion  and  disorder ! 
Are  we  to  embark  in  this  dangerous 

O 

enterprise,  uniting  various  opinions  to 
contrary  interests,  with  the  vain  hopes 
of  coming  to  an  amicable  concurrence  ? 
"It  is  worthy  of  our  consideration, 
that  those  who  prepared  the  paper  on 
the  table,  found  difficulties  not  to 
described,  in  its  formation :  mutual 
deference  and  concession  wore  abso 
lutely  necessary.  Had  they  been  in 
flexibly  tenacious  of  their  individual 
opinions,  they  would  never  have  con 
curred.  Under  what  circumstances 
was  it  formed  ?  When  no  party  was 
formed,  or  particular  proposition  made, 
and  men's  minds  were  calm  and  dis 
passionate.  Yet,  under  these  circum 
stances,  it  was  difficult,  extremely  dif 
ficult,  to  agree  to  any  general  system. 


CH.   III.] 


RATIFICATION   BY   VIRGINIA. 


"Suppose  eight  states  only  should 
ratify  it,  and  Virginia  should  propose 
certain  alterations,  as  the  previous  con 
dition  of  her  accession.  If  they  should 
be  disposed  to  accede  to  her  proposi 
tion,  which  is  the  most  favorable  con 
clusion,  the  difficulty  attending  it  would 
be  immense.  Every  state,  which  has 
decided  it,  must  take  up  the  subject 
again.  They  must  not  only  have  the 
mortification  of  acknowledging  that 

,  o      o 

they  have  done  wrong,  but  the  diffi 
culty  of  having  a  reconsideration  of  it 
among  the  people,  and  appointing 
new  conventions  to  deliberate  upon  it. 
They  must  attend  to  all  the  amend 
ments,  which  may  be  dictated  by  as 
great  a  diversity  of  political  opinions, 

as  there  are  local  attachments. 
1.Y88* 

When  brought  together  in  one 

assembly  they  must  go  through,  and 
accede  to  every  one  of  the  .amend 
ments.  The  gentlemen  who,  within 
this  house,  have  thought  proper  to 
propose  previous  amendments,  have 
brought  no  less  than  forty  amendments 
— a  bill  of  rights  which  contains  twenty 
amendments,  and  twenty  other  altera 
tions,  some  of  which  are  improper  and 
inadmissible.  Will  not  every  state 
think  herself  equally  entitled  to  pro 
pose  as  many  amendments  ?  And  sup 
pose  them  to  be  contradictory.  I  leave 
it  to  this  Convention,  whether  it  be 
probable  that  they  can  agree,  or  agree 
to  any  thing  but  the  plan  on  the  table ; 
or  whether  greater  difficulties  will  not 
be  encountered,  than  were  experienced 
in  the  progress  of  the  formation  of  this 
Constitution." 

The  motion  of  Mr.  Wythe  prevailed 
by  a  majority  of  eight,  eighty-eight  to 


eighty.  After  some  forcible  prelim 
inary  remarks,  the  Convention  added, 
"  With  these  impressions,  with  a  solemn 
appeal  to  the  Searcher  of  hearts,  for 
the  purity  of  our  intentions,  and  under 
the  conviction  that  whatsoever  imper 
fections  may  exist  in  the  Constitution, 
ought  rather  to  be  examined  in  the 
mode  prescribed  therein,  than  to  bring 
the  Union  into  danger,  by  a  delay  with 
a  hope  of  obtaining  amendments  pre 
vious  to  the  ratification, — we,  the  dele 
gates,  do  assent  to  and  ratify  the  Con 
stitution,"  etc. 

The  Convention,  at  the  same  time, 
agreed  upon  a  bill  of  rights,  consisting 
of  twenty  articles,  and  the  same  num 
ber  of  amendments  to  the  body  of  the 
Constitution.  The  most  important  of 
the  latter  were — that  Congress  should 
not  lay  direct  taxes,  until  the  states 
had  refused  them — that  members  of 
the  Senate  and  House  should  be  in 
capable  of  holding  any  civil  office  un 
der  the  authority  of  the  United  States 
—that  no  commercial  treaty  should  be 
ratified  without  the  concurrence  of 
two-thirds  of  the  whole  number  of  the 
members  of  the  Senate,  and  that  no 
treaty  ceding  or  suspending  the  terri 
torial  rights  or  claims  of  the  United 
States,  or  any  of  them,  or  their  rights 
to  fishing  in  the  American  seas,  or 
navigating  the  American  rivers,  should 

O  O  / 

be  but  in  cases  of  the  most  extreme 
necessity,  nor  should  any  such  treaty 
be  ratified  without  the  concurrence  of 
three-fourths  of  the  whole  number  of 
the  members  of  both  houses — that  no 
navigation  law,  or  law  retnilat- 

17SN 

ing  commerce  should  be  passed, 
without  the  consent  of  two-thirds  of 


THE  ADOPTION   OF  THE  CONSTITUTION. 


[RK.  IV. 


the  members  present  in  both  houses ; 
that  no  person  be  capable  of  being 
president  of  the  United  States  for  more 
than  eight  years  in  any  term  of  sixteen 
years ;  that  the  judicial  power  of  the 
United  States,  should  extend  to  no 
case,  where  the  cause  of  action  oriiri- 

O 

nated  before  the  ratification  of  the  Con 
stitution  ;  except  in  disputes  between 
persons  claiming  lands  under  grants  of 
different  states,  and  suits  for  debts  due 
to  the  United  States  ;  that  Congress 
should  not  alter,  modify,  or  interfere 
in  the  times,  places,  or  manner  of  hold 
ing  elections  for  Senators  or  Represen 
tatives,  or  either  of  them,  except  when 
the  legislature  of  any  state  should  neg 
lect,  refuse,  or  be  disabled  by  invasion 
or  rebellion  to  prescribe  the  same ; 
that  the  clauses  which  declare  that 
Congress  should  not  exercise  certain 
powers,  be  not  interpreted  to  extend 
their  powers ;  but  be  construed  as 
making  exceptions  to  the  specified 
powers,  or  inserted  merely  for  greater 
caution  ;  that  the  laws  ascertaining  the 
compensations  of  the  members  be  post 
poned  in  their  operation,  until  after 
the  election  of  representatives  imme 
diately  succeeding  the  passage  of  the 
same ;  that  some  tribunal  other  than  the 
Senate,  be  provided  to  try  impeach 
ment  of  Senators.  The  Convention 
enjoined  it  upon  their  representatives 
in  the  first  Congress  to  exert  all  their 
influence  to  obtain  a  ratification  of 
these  amendments  in  the  manner  pro 
vided  by  the  Constitution;*  and  in  all 

*  See  Pitkin's  "Political  and  Civil  History  of  the 
United  States,'"  vol.  ii.,  pp.  280,  281.  For  an  extract 
from  J.  Q.  Adams's  "Life  of  James  Afa(Uson,"yp.  46-48, 
see  Appendix  I.  at  the  end  of  the  present  chapter. 


Congressional  acts  to  conform,  as  far  as 
practicable,  to  the  spirit  of  them. 

The  Convention  of  New  York  met 
on  the  17th  of  June,  and  entered  ear 
nestly  upon  the  work  for  which  they 
had  assembled :  Mr.  Jay,  Mr.  Hamil 
ton,  and  Chancellor  Livingston,  were 
the  ablest  advocates  for  the 
adoption  of  the  Constitution : 
the  opposition  was,  however,  sustained 
by  Governor  Clinton,  Mr.  Yates,  Mr. 
Lansing,  Mr.  Duane,  and  others  ;  and 
there  is  little  room  to  doubt,  that  the 
strength  of  popular  feeling  was  against 
the  adoption.  The  result  of  the  Vir 
ginia  Convention  disappointed  the  op 
ponents  of  the  Constitution.  Ten  states 
had  now  assented  to  it,  and  it  was  cer 
tain  to  go  into  operation.  New  York, 
therefore,  had  no  alternative,  but  to 
unite  with  her  sister  states,  or  secede 
from  the  Union.  Under  the  earnest 
advocacy  of  Hamilton,  and  his  coad 
jutors,  a  small  majority  was  obtained, 
and  the  Convention  followed  the  ex 
ample  of  Virginia,  by  adopting  the  Con 
stitution,  and  recommending  amend 
ments.  These  amendments  were  more 
numerous,  as  well  as  more  radical,  than 
those  of  any"  other  state.  In  addition 
to  most  of  the  Massachusetts  amend 
ments,  New  York  proposed,  among 
others  of  less  importance,  that  no  per 
sons,  except  natural  born  citizens,  or 
such  as  were  citizens  on  or  before  the 
4th  of  July,  1776,  or  held  commissions 
under  the  United  States  during  the 
war,  and  had,  since  July  4th,  1776,  be 
come  citizens  of  some  one  of  the  states, 
should  be  eligible  to  the  places  of  pres 
ident,  vice-president,  or  members  of 
Congress ;  that  no  standing  army  be 


CH.  III.] 


RATIFICATION   BY   NEW   YORK. 


253 


kept  up  in  time  of  peace,  without  the 
assent  of  two-thirds  of  both  Houses; 
that  Congress  should  not  declare  war 
without  the  same  majority;  that  the 
privilege  of  the  writ  of  habeas  corpus 
should  not  be  suspended  for  a  longer 
term  than  six  months  ;  that  no  capita 
tion  tax  should  ever  be  laid  ;  that  no 
person  be  eligible,  as  a  Senator,  for  more 
than  six  years,  in  any  term  of  twelve 
years,  and  that  the  state  legislatures 
might  recall  their  Senators;  that  no 
member  of  Congress  be  appointed  to 
any  office  under  the  authority  of  the 
United  States ;  that  the  power  of  Con 
gress  to  pass  laws  of  bankruptcy,  should 
only  extend  to  merchants  and  other 
traders ;  that  no  person  be  eligible  to 
the  office  of  president  a  third  time  ; 
that  the  president  should  not  command 
an  army  in  the  field  without  the  pre 
vious  desire  of  Congress;  that  Con 
gress  should  not  constitute  any  tri 
bunals  or  inferior  courts,  with  any 
other  than  appellate  jurisdiction,  ex 
cept  in  causes  of  admiralty  and  mar 
itime  jurisdiction,  and  for  the  trial  of 
piracies  and  felonies  committed  on  the 
high  seas ;  and  in  all  other  cases,  to 
which  the  judicial  power  of  the  United 
States  extended,  and  in  which  the  su 
preme  court  had  not  original  jurisdic 
tion,  the  causes  should  be  heard  in  the 
state  courts,  with  right  of  appeal  to  the 
supreme  or  other  courts  of  the  United 
States ;  that  the  court  for  the  trial  of 
impeachments,  should  consist  of  the 
Senate,  the  judges  of  the  supreme  court 
of  the  United  Sates,  and  the 
senior  judge  of  the  highest 
court  in  each  state ;  that  persons  ag 
grieved  by  any  judgment  of  the  su- 
VOL.  II.— 32 


178§. 


prenie  court  in  any  case  in  which  that 
court  had  original  jurisdiction,  should 
be  entitled  to  a  review  of  the  same,  by 
commissioners  not  exceeding  seven,  to 
be  appointed  by  the  President  and 
Senate  ;  that  the  judicial  power  should 
extend  to  no  controversies  respecting 
land,  unless  relating  to  claims  of  terri 
tory  or  jurisdiction  between  states,  or 
between  individuals,  or  between  states 
and  individuals  under  grants  of  differ 
ent  states ;  that  the  militia  should  not 
be  compelled  to  serve  without  the  lim 
its  of  the  state  for  a  longer  term  than 
six  weeks,  without  the  consent  of  the 
legislature  thereof;  and  that  Congress 
should  not  impose  any  excise  upon  any 
article,  ardent  spirits  excepted,  of  the 
growth,  production  or  manufacture  of 
the  United  States,  or  any  of  them. 

The  New  York  Convention,  in  order 
to  secure  these  amendments,  addressed 
a  circular  letter  to  the  governors  of  all 
the  states,  asking  for  the  calling  of  an 
other  Federal  Convention.  Referring 
to  the  new  system,  they  observed,  "  sev 
eral  articles  in  it  appear  so  exception 
able  to  a  majority  of  us,  that  nothing 
but  the  fullest  confidence  of  obtaining 
a  revision  of  them  by  a  general  con 
vention,  and  an  invincible  reluctance 
to  separating  from  our  sister  states, 
have  prevailed  upon  a  sufficient  num 
ber  of  us,  to  ratify  it,  without  stipu 
lating  for  previous  amendments." 

The  Convention  of  North  Carolina 
held  its  session  at  the  same  time  with 
that  of  New  York.  On  the  first  of 
August,  they  refused  to  assent  to  the 
Constitution  without  previous  amend 
ments.  In  the  latter  part  of  the  fol 
lowing  year,  however,  after  Washing- 


THE  ADOPTION    OF  THE  CONSTITUTION. 


[BK.  IV. 


ton  had  been  president  for  some  time, 
North  Carolina,  on  the  21st  of  Novem 
ber,  1789,  ratified  and  adopted  the 
Constitution.* 

To  the  student  of  American  history, 
it  will  prove  both  interesting  and 
profitable,  to  examine  with  care  the 
opinions  and  views  of  the  great  states 
men  and  patriots  of  that  day,  respect 
ing  the  Constitution  and  its  probable 
future.  Pjtkin  gives  several  extracts 
from  the  correspondence  of  Jefferson, 
Adams,  and  Roger  Sherman,  which 
will  well  repay  looking  into.  Hamil 
ton's  and  Madison's  views  are  widely 
known  ;f  and  Mr.  Curtis  furnishes  an 
admirable  resume  of  the  sentiments  and 
course  of  others  of  the  more  distin 
guished  members  of  the  Federal  Con 
vention,  such  as  Franklin,  Gouverneur 
Morris,  Rufus  King,  C.  C.  Pinckney, 
Wilson,  Randolph,  etc.  No  one  of 
these  was  entirely  satisfied  with  each 
and  every  part  of  the  Constitution ; 
but  they  were  all  convinced,  that  it 
not  only  required,  but  was  well  worth 
the  concessions  and  the  compromises 


*  For  convenience  of  reference,  we  subjoin  the 
dates  of  the  Ratification  of  the  Constitution,  by  the 
thirteen  original  states: — Delaware,  December  7th, 
1787  ;v  Pennsylvania,  .^December  12th,  1787;.,  New 
Jersey,  December  18th,  1787  ^Georgia,  January  2cl, 
1788;  Connecticut,  January"  9th,  1788;  , Massa 
chusetts,  February  6th,  1778;  ^Maryland,  April  28th, 
1788;  South  Carolina,  May  23d,  1788;  New  Hamp 
shire,,.  June  21st,  1788;  Virginia,  June  26th,  1788; 
New  York,  July  26th,  1 788  : , .North  Carolina,  No 
vember  21st,  1789  ;  Rhode  Island,  May  29th,  1790. 

t  Mr.  Curtis  gives  a  very  valuable  letter  of  Mad 
ison's,  hitherto  unpublished,  under  date  of  December 
10th,  1788,  addressed  to  Philip, Mazzei,  at  Paris.  It 
is  plain  from  this  letter,  that  Madison  clearly  saw  the 
necessity  of  rendering  the  federal  government  strong 
enough  to  perform  its  functions  promptly  and  effect 
ually. 


which  they  were  called  upon  to  make, 
in  the  process  of  forming  the  Constitu 
tion.* 

Franklin,  in  a  short  speech  at  the 
close  of  the  Convention,  had  said :  "  I 
consent  to  this  Constitution,  because  I 
expect  no  better,  and  because  I  am  not 
sure  that  it  is  not  the  best.  The  opin 
ions  I  have  had  of  its  errors  I  sacrifice 
to  the  public  good.  I  have  never 
whispered  a  syllable  of  them  abroad. 
Within  these  walls  they  were  born, 
and  here  they  shall  die."f  Writing  to 
some  of  his  French  friends,  he  entered 
a  little  into  particulars,  thus : — "  It  is 
very  possible,  as  you  suppose,  that  all 
the  articles  of  the  proposed  new  gov 
ernment  will  not  remain  unchanged 

O 

after  the  first  meeting  of  the  Congress. 

O  o 

I  am  of  opinion  with  you,  that  the  two 
chambers  were  not  necessary,  and  I  dis 
liked  some  other  articles  that  are  in, 
and  wished  for  some  that  are  not  in  the 
proposed  plan ;  I  nevertheless  hope  it 
may  be  adopted."  "  Our  public  affairs 
begin  to  wear  a  more  quiet  aspect. 
The  disputes  about  the  faults  of  the 
new  Constitution  are  subsided.  The 
first  Congress  will  probably  mend  the 
principal  ones,  and  future  Congresses 
the  rest.  That  which  you  mentioned  did 
not  pass  unnoticed  in  the  Convention. 
Many,  if  I  remember  right,  were 
for  making  the  president  incap 
able  of  being  chosen  after  the  first  four 
years;  but  the  majority  were  for  leav 
ing  the  electors  free  to  choose  whom 


*  For  some  remarks  of  Justice  Story  on  the  Origin 
and  Value  of  the  Constitution,  in  his  "  Exposition  of 
the  Constitution"  pp.  35,  36,  see  Appendix  II.,  at  the 
end  of  the  present  chapter. 

t  Sparks's  "Life  of  Franklin  *  p.  518. 


178§. 


On.  III.] 


FRANKLIN'S  AND   WASHINGTON'S  VIEWS. 


they  pleased ;  and  it  was  alleged  that 
such  incapacity  might  tend  to  make  the 
president  less  attentive  to  the  duties 
of  his  office,  and  to  the  interests  of  the 
people,  than  he  would  be,  if  a  second 
choice  depended  on  their  good  opinion 
of  him.  We  are  making  experiments 
in  politics;  what  knowledge  we  shall 
gain  by  them  will  be  more  certain, 
though  perhaps  we  may  hazard  too 
much  in  that  mode  of  acquiring  it." 
And  in  a  letter  to  Charles  Carroll,  a 
member  of  the  first  Congress,  he  said : 
— "  If  any  form  of  government  is  cap 
able  of  making  a  nation  happy,  ours,  I 
think,  bids  fair  now  for  producing  that 
eft'ect.  But,  after  all,  much  depends 
upon  the  people  who  are  to  be  gov 
erned.  We  have  been  guarding  against 
an  evil  that  old  states  are  most  liable 
to,  excess  of  poiuer  in  the  rulers ;  but 
our  present  danger  seems  to  be  defect 
of  obedience  in  the  subjects.  There  is 
hope,  however  from  the  enlightened 
state  of  this  age  and  country,  we  may 
guard  effectually  against  that  evil  as 
well  as  the  rest."* 

The  sentiments  of  Washington,  as 

O  7 

gathered  from  his  correspondence,  were 


*  Jefferson,  in  a  letter  to  Adams,  wrote :  "  How  do 
you  like  our  new  Constitution  ?  I  confess  there  are 
things  in  it  which  stagger  all  my  dispositions  to  sub 
scribe  to  what  such  an  assembly  has  proposed.  The 
House  of  Federal  Representatives  will  not  be  ade 
quate  to  the  management  of  affairs,  either  foreign  or 
federal.  Their  president  seems  a  bad  edition  of  a 
Polish  king.  He  may  be  elected  from  four  years  to 
four  years  for  life.  Reason  and  experience  prove  to 
us,  that  a  chief  magistrate,  so  continuable,  is  an  office 
for  life,"  etc.  It  may  be  worth  noting,  that  Jeffer 
son's  views  changed  entirely  as  to  this  latter  point, 
seeing  that  he  himself  did  not  object  to  serve  a  second 
term  as  president  of  the  United  States.  See  Tucker's 
l>  Life  of  Jefferson,"  vol.  i.,  pp.  252-5G. 


marked  by  his  usual  wisdom,  mingled 
with  great  hopefulness  as  to  the  ulti 
mate  result.  Writing  to  Patrick  Henry, 
he  said :  Your  own  judgment  will  at 
once  discern  the  good  and  the  excep 
tionable  parts  of  it ;  and  your  experi 
ence  of  the  difficulties  which  have  ever 
arisen,  when  attempts  have  been  made 
to  reconcile  such  a  variety  of  interests 
and  local  prejudices  as  pervade  the 
several  states,  will  render  explanation 
unnecessary.  I  wish  the  Constitution 
which  is  offered,  had  been  more  per 
fect;  but  I  sincerely  believe  it  is  the 
best  that  could  be  obtained  at  this 
time.  And,  as  a  constitutional  door  is 
opened  for  amendments  hereafter,  the 
adoption  of  it  under  the  present  cir 
cumstances  of  the  Union  is,  in  my  opin 
ion,  desirable."  "  Should  it  be  ad 
opted,"  he  said  to  the  Marquis  de 
Chastelleux,  "  and  I  think  it  will  be, 
America  will  lift  up  her  head 
again,  and  in  a  few  years  be 
come  respectable  among  the  nations." 
To  others  he  wrote  ; — "  There  are  some 
things  in  the  new  form,  which  nevei 
did,  and  I  am  persuaded  never  will, 
obtain  my  cordial  approbation  ;  but  I 
did  then  conceive,  and  do  now  most 
firmly  believe,  that  in  the  aggregate, 
it  is  the  best  Constitution  that  can  be 
obtained  at  this  epoch ;  and  that  this 
or  a  dissolution  awaits  our  choice,  and 
is  the  only  alternative."  To  Lafayette 
he  expressed  himself  with  the  frank 
ness  and  earnestness  which  character 
ized  his  intercourse  with  that  beloved 
companion  in  arms :  "  I  expect  that 
many  blessings  will  be  attributed  to 
our  new  government,  which  are  now 

O 

taking  their  rise   from    that    industry 


17§§. 


256 


THE  ADOPTION   OF  THE  CONSTITUTION. 


[BE.  IV. 


and  frugality,  into  the  practice  of 
which  the  people  have  been  forced 
from  necessity.  I  really  believe,  that 
there  never  was  so  much  labor  and 
economy  to  be  found  before  in  the 
country  as  at  the  present  moment.  If 
they  persist  in  the  habits  they  are  ac 
quiring,  the  good  effects  will  soon  be 
distinguishable.  When  the  people 
shall  find  themselves  secure  under  an 
energetic  government,  when  foreign 
nations  shall  be  disposed  to  give  us 
equal  advantages  in  commerce  from 
dread  of  retaliation,  when  the  burdens 
of  war  shall  be  in  a  manner  done  away 
by  the  sale  of  western  lands,  when  the 
seeds  of  happiness  which  are  sown 
here,  shall  begin  to  expand  them 
selves,  and  when  every  one  under  his 
own  vine  and  fisr-tree,  shall  be^in  to 

O  '  O 

taste  the  fruits  of  freedom,  then  all 
these  blessings  (for  all  these  blessings 
will  come)  will  be  referred  to  the  fos- 
.tering  influence  of  the  new  govern 
ment.  Whereas  many  causes  will  have 
conspired  to  produce  them.  You  see 
I  am  not  less  enthusiastic  than  I  ever 
have  been,  if  a  belief  that  peculiar 
scenes  of  felicity  are  reserved  for  this 
country  is  to  be  denominated  enthusi 
asm.  Indeed,  I  do  not  believe  that 
Providence  has  done  so  much  for  noth 
ing.*  It  has  always  been  my  creed, 
that  we  should  not  be  left  as  a  monu 
ment  to  prove,  'that  mankind,  under 
the  most  favorable  circumstances  for 


*  For  some  philosophical  and  eloquent  remarks  of 
John  Quincy  Adams  on  the  Federal  Convention,  and 
also  what  may  still  be  termed  'defects  in  the  Consti 
tution,  see  an  extract  from  his  elaborate  Discourse  be 
fore  the  New  York  Historical  Society,  April  30th, 


178§. 


civil  liberty  and  happiness,  are  unequal 
to  the  task  of  governing  themselves, 
and  therefore  made  for  a  master.'  " 

The  ratification  of  the  Constitution 
by  the  state  of  New  Hampshire,  was 
the  ninth  in  order,  and  it  was  laid  be 
fore  Congress  on  the  2d  of  July,  1788. 
On  motion,  it  was  therefore  ordered, 
"That  the  ratifications  of  the  Consti 
tution  of  the  United  States,  transmitted 
to  Congress,  be  referred  to  a 
committee,  to  examine  the  same, 
and  report  an  act  to  Congress,  for  put 
ting  the  said  Constitution  into  opera 
tion,  in  pursuance  of  the  resolutions  of 
the  late  Federal  Convention."  The 
committee  reported,  on  the  14th  of 
July,  an  act  for  putting  the  Constitu 
tion  into  operation,  which,  principally 
in  consequence  of  a  division  as  to  the 
place  where  the  first  Congress  should 
meet,  did  not  pass  without  much  dis 
cussion.  On  the  13th  of  September,  it 
was  "  Hesolved,  That  the  first  Wednes 
day  in  January  next,  be  the  day  for 
appointing  electors  in  the  several  states, 
which,  before  the  said  day,  shall  have 
ratified  the  said  Constitution  ;  that  the 
first  Wednesday  in  February  next,  be 
the  day  for  the  electors  to  assemble  in 
their  respective  states,  and  vote  for  a 
president ;  and  that  the  first  Wednes 
day  in  March  next,  be  the  time,  and  the 
present  seat  of  Congress*  the  place, 
for  commencing  proceedings  under  the 
said  Constitution." 


1839,  entitled  "  THE  JUBILEE  OF  THE  COXSTITTTIOX  ;" 
Appendix  III.,  at  the  end  of  the  present  chapter. 

*  Congress  had  rem  ived  to  New  York  early  in 
January,  1785,  where  it  continued  to  hold  its  sessions 
until  1790. 


Cn.  III.] 


DEBATES   IN  THE  VIRGINIA  CONVENTION. 


257 


APPENDIX    TO     CHAPTER    III. 


I.  DEBATES  IN  THE  VIRGINIA  CONVENTION. 
A  DEEPER  interest  was  involved  in  the  decision 
of  Virginia,  than  in  that  of  any  other  member  of 
the  Confederacy,  and  in  no  State  had  the  opposi 
tion  to  the  plan  been  so  deep,  so  extensive,  so 
formidable  as  there.  Two  of  her  citizens,  second 
only  to  Washington  by  the  weight  of  their  char 
acters,  the  splendor  of  their  public  services,  and 
the  reputation  of  their  genius  and  talents,  Patrick 
Henry,  the  first  herald  of  the  Revolution  in  the 
South,  as  James  Otis  had  been  at  the  North,  and 
Thomas  Jefferson,  the  author  of  the  Declaration 
of  Independence,  and  the  most  intimate  and  con 
fidential  friend  of  Madison  himself,  disapproved 
the  Constitution.  Jefferson  was  indeed  at  that 
time  absent  from  the  State  and  the  country,  as 
the  representative  of  the  United  States  at  the 
Court  of  France.  His  objections  to  the  Consti 
tution  were  less  fervent  and  radical.  Patrick 
Henry's  opposition  was  to  the  whole  plan,  and  to 
its  fundamental  principle,  the  change  from  a  Con 
federation  of  Independent  States,  to  a  complicated 
government,  partly  federal,  and  partly  national. 
He  was  a  member  of  the  Virginia  Convention ; 
and  there  it  was  that  Mr.  Madison  was  destined 
to  meet  and  encounter,  and  overcome  the  all  but 
irresistible  power  of  his  eloquence,  and  the  inex 
haustible  resources  of  his  gigantic  mind. 

The  debates  in  the  Virginia  Convention  furnish 
an  exposition  of  the  principles  of  the  Constitution, 
and  a  commentary  upon  its  provisions  not  infe 
rior  to  the  papers  of  the  Federalist.  Patrick 
Henry  pursued  his  hostility  to  the  system  into  all 
its  details;  objecting  not  only  to  the  Preamble 
and  the  first  Article,  but  to  the  Senate,  to  the 
President,  to  the  Judicial  Power,  to  the  treaty 
making  power,  to  the  control  given  to  Congress 
over  the  militia,  and  especially  to  the  omission 
of  a  Bill  of  Rights — seconded  and  sustained  with 
great  ability  by  George  Mason,  who  had  been  a 
member  of  the  Convention  which  formed  the  Con 
stitution,  by  James  Monroe  and  William  Gray- 


son,  there  was  not  a  controvertiblc  point,  real  or 
imaginary,  in  the  whole  instrument  which  escaped 
their  embittered  opposition ;  while  upon  every 
point  Mr.  Madison  was  prepared  to  meet  them, 
with  cogent  argument,  with  intent  and  anxious 
feeling,  and  with  mild,  conciliatory  gentleness  of 
temper,  disarming  the  adversary  by  the  very  act 
of  seeming  to  decline  contention  with  him.  Mr. 
Madison  devoted  himself  particularly  to  the  task 
of  answering  and  replying  to  the  objections  of 
Patrick  Henry,  following  him  step  by  step,  and 
meeting  him  at  every  turn.  His  principal  coad 
jutors  were  Governor  Randolph,  Edmund  Pen- 
dleton,  the  President  of  the  Conventio'n,  John 
Marshall,  George  Nicholas,  and  Henry  Lee  of 
Westmoreland.  Never  was  there  assembled  in 
Virginia  a  body  of  men,  of  more  surpassing  tal 
ent,  of  bolder  energy,  or  of  purer  integrity  than 
in  that  Convention.  The  volume  of  their  debates 
should  be  the  pocket  and  the  pillow  companion 
of  every  youthful  American  aspiring  to  the  honor 
of  rendering  important  service  to  his  country  ; 
and  there,  as  he  reads  and  meditates,  will  he  not 
fail  to  perceive  the  steady,  unfaltering  mind  of 
James  Madison,  marching  from  victory  to  vic 
tory,  over  the  dazzling  but  then  beclouded  genius 
and  eloquence  of  Patrick  Henry. 

The  result  was  the  unconditional  ratification,  by 
a  majority  of  only  eight  votes,  of  the  Constitution 
of  the  United  States  on  the  part  of  the  Common 
wealth  of  Virginia,  together  with  resolutions,  re 
commending  sundry  amendments  to  supply  the 
omission  of  a  Bill  of  Rights.  The  example  for 
this  had  been  first  set  by  the  Convention  of  Mass 
achusetts,  at  the  motion  of  John  Hancock,  and  it 
was  followed  by  several  other  of  the  State  Con 
ventions,  and  gave  occasion  to  the  first  ten  Arti 
cles,  amendatory  of  the  Constitution,  prepared  by 
the  first  Congress  of  the  United  States  and  rati 
fied  by  the  competent  number  of  the  State  Legis 
latures,  and  which  supply  the  place  of  a  Bill  of 
Rights. 


258 


APPENDIX  TO   CHAPTER   HI. 


[BK.  IV. 


IL  STORY  ON  THE  CONSTITUTION. 

THUS  was  achieved  another,  and  still  more  glo 
rious,  triumph,  in  the  cause  of  liberty,  even  than 
that,  by  which  we  were  separated  from  the  pa 
rent  country.  It  was  not  achieved,  however, 
without  great  difficulties  and  sacrifices  of  opinion. 
It  required  all  the  wisdom,  the  patriotism,  and 
the  genius  of  our  best  statesmen,  to  overcome  the 
objections,  which,  from  various  causes,  were  ar 
rayed  against  it.  The  history  of  those  times  is 
full  of  melancholy  instruction,  at  once  to  admon 
ish  us  of  the  dangers,  through  which  we  have 
passed,  and  of  the  necessity  of  incessant  vigilance, 
to  guard  and  preserve,  what  has  been  thus  hardly 
earned.  The  Constitution  was  adopted  unani 
mously  in  New  Jersey,  Delaware,  and  Georgia. 
It  was  supported  by  large  majorities  in  Connect 
icut,  Pennsylvania,  Maryland,  and  South  Carolina. 
In  the  remaining  states,  it  was  carried  by  small 
majorities  ;  and  especially  in  Massachusetts,  New 
York,  and  Virginia,  by  little  more  than  a  mere 
preponderating  vote.  What  a  humiliating  lesson 
is  this,  after  all  our  sufferings  and  sacrifices,  and 
after  our  long  and  sad  experience  of  the  evils  of 
disunited  councils,  and  of  the  pernicious  influence 
of  state  jealousies,  and  local  interests  !  It  teaches 
us,  how  slowly  even  adversity  brings  the  mind 
to  a  due  sense  of  what  political  wisdom  requires. 
It  teaches  us,  how  liberty  itself  may  be  lost,  when 
men  are  found  ready  to  hazard  its  permanent 
blessings,  rather  than  submit  to  the  wholesome 
restraints,  which  its  permanent  security  demands. 

To  those  great  men,  who  thus  framed  the  Con 
stitution,  and  secured  the  adoption  of  it,  we  owe 
a  debt  of  gratitude,  which  can  scarcely  be  repaid. 
It  was  not  then,  as  it  is  now,  looked  upon,  from 
the  blessings,  which,  under  the  guidance  of  Divine 
Providence,  it  has  bestowed,  with  general  favor 
and  affection.  On  the  contrary,  many  of  those 
pure  and  disinterested  patriots,  who  stood  forth, 
the  firm  advocates  of  its  principles,  did  so  at  the 
expense  of  their  existing  popularity.  They  felt, 
that  they  had  a  higher  duty  to  perform,  than  to 
flatter  the  prejudices  of  the  people,  or  to  subserve 
selfish,  or  sectional,  or  local  interests.  Many  of 
them  •vent  to  their  graves,  without  the  soothing 
consolation,  that  their  services  and  their  sacrifices 
were  duly  appreciated.  They  scorned  every  at 
tempt  to  rise  to  power  and  influence  by  the  com 
mon  arts  of  demagogues  ;  and  they  were  content 


to  trust  their  characters,  and  their  conduct,  to  the 
deliberate  judgment  of  posterity. 

If,  upon  a  close  survey  of  their  labors,  as  de 
veloped  in  the  actual  structure  of  the  Constitu 
tion,  we  shall  have  reason  to  admire  their  wis 
dom  and  forecast,  to  observe  their  profound  love 
of  liberty,  and  to  trace  their  deep  sense  of  the 
value  of  political  responsibility,  and  their  anxiety, 
above  all  things,  to  give  perpetuity,  as  well  as 
energy  to  the  republican  institutions  of  their  coun 
try  ;  then,  indeed,  will  our  gratitude  kindle  into 
a  holier  reverence,  and  their  memories  will  be 
cherished  among  those  of  the  noblest  benefactors 
of  mankind. 


III.  THE  CONVENTION  AND  THE  CONSTITUTION. 

THE  Constitution  of  the  United  States  was  the 
work  of  this  Convention.  But  in  its  construction 
the  Convention  immediately  perceived  that  they 
must  retrace  their  steps,  and  fall  back  from  a 
league  of  friendship  between  sovereign  states, 
to  the  constituent  sovereignty  of  the  people  ;  from 
power  to  right — from  the  irresponsible  despotism 
of  state  sovereignty,  to  the  self-evident  truths  of 
the  Declaration  of  Independence.  In  that  instru 
ment,  the  right  to  institute  and  to  alter  govern 
ments  among  men  was  ascribed  exclusively  to  the 
people — the  ends  of  government  were  declared  to 
be  to  secure  the  natural  rights  of  man  ;  and  that 
when  the  government  degenerates  from  the  pro 
motion  to  the  destruction  of  that  end,  the  right 
and  the  duty  accrues  to  the  people,  to  dissolve 
this  degenerate  government  and  to  institute  an 
other.  The  Signers  of  the  Declaration  further 
averred,  that  the  one  people  of  the  United  Colo 
nies  were  then  precisely  in  that  situation — with  a 
government  degenerated  into  tyranny,  and  called 
upon  by  the  laws  of  nature  and  of  nature's  God, 
to  dissolve  that  government  and  to  institute  an 
other.  Then  in  the  name  and  by  the  authority 
of  the  good  people  of  the  Colonies,  they  pro 
nounced  the  dissolution  of  their  allegiance  to  the 
king,  and  their  eternal  separation  from  the  nation 
of  Great  Britain — and  declared  the  United  Colo 
nies  independent  states.  And  here  as  the  repre 
sentatives  of  the  one  people  they  had  stopped. 
They  did  not  require  the  confirmation  of  this 
Act,  for  the  power  to  make  the  Declaration  had 
already  been  conferred  upon  them  by  the  people  r 


CH.  III.] 


THE  CONVENTION   AND  THE  CONSTITUTION. 


259 


delegating  the  power,  indeed,  separately  in  the 
separate  colonies,  not  by  colonial  authority,  but 
by  the  spontaneous  revolutionary  movement  of 
the  people  in  them  all. 

From  the  day  of  that  Declaration,  the  constitu 
ent  power  of  the  people  had  never  been  called  into 
action.  A  confederacy  had  been  substituted  in  the 
place  of  a  government ;  and  state  sovereignty  had 
usurped  the  constituent  sovereignty  of  the  people. 

The  Convention  assembled  at  Philadelphia  had 
themselves  no  direct  authority  from  the  people. 
Their  authority  was  all  derived  from  the  state 
legislatures.  But  they  had  the  articles  of  confed 
eration  before  them,  and  they  saw  and  felt  the 
wretched  condition  into  which  they  had  brought 
the  whole  people,  and  that  the  Union  itself  was  in 
the  agonies  of  death.  They  soon  perceived  that 
the  indispensably  needed  powers  were  such  as  no 
state  government,  no  combination  of  them,  was, 
by  the  principles  of  the  Declaration  of  Independ 
ence,  competent  to  bestow.  They  could  emanate 
only  from  the  people.  A  highly  respectable  por 
tion  of  the  assembly,  still  clinging  to  the  confede 
racy  of  states,  proposed  as  a  substitute  for  the 
Constitution,  a  mere  revival  of  the  articles  of  con 
federation,  with  a  grant  of  additional  powers  to 
the  Congress.  Their  plan  was  respectfully  and 
thoroughly  discussed,  but  the  want  of  a  govern 
ment  and  of  the  sanction  of  the  people  to  the 
delegation  of  powers,  happily  prevailed.  A  Con 
stitution  for  the  people,  and  the  distribution  of 
legislative,  executive,  and  judicial  powers,  was 
prepared.  It  announced  itself  as  the.  work  of  the 
people  themselves ;  and  as  this  was  unquestion 
ably  a  power  assumed  by  the  Convention,  not  del 
egated  to  them  by  the  people,  they  religiously 
confined  it  to  a  simple  power  to  propose,  and 
carefully  provided  that  it  should  be  no  more  than 
a  proposal  until  sanctioned  by  the  confederation 
Congress,  by  the  state  Legislatures,  and  by  the 
people  of  the  several  states,  in  conventions  speci 
ally  assembled,  by  authority  of  their  Legislatures, 
for  the  single  purpose  of  examining  and  passing 
upon  it. 

And  thus  was  consummated  the  work,  com 
menced  by  the  Declaration  of  Independence.  A 
work  in  which  the  people  of  the  North  American 
Union,  acting  under  the  deepest  sense  of  respon 
sibility  to  the  Supreme  Ruler  of  .he  universe,  had 
achieved  the  most  transcendant  aot  of  power,  that 


social  man  in  his  mortal  condition  can  perform. 
Even  that  of  dissolving  the  ties  of  allegiance  by 
which  he  is  bound  to  his  country — of  renouncing 
that  country  itself — of  demolishing  its  govern 
ment,  of  instituting  another  government,  and  of 
making  for  himself  another  country  in  its  stead. 

And  on  that  day,  of  which  you  now  commem 
orate  the  fiftieth  anniversary — on  that  30th  day 
of  April,  one  thousand  seven  hundred  and  eighty- 
nine,  was  this  mighty  revolution,  not  only  in  the 
affairs  of  our  own  country,  but  in  the  principles 
of  government  over  civilized  man,  accomplished. 

The  Revolution  itself  was  a  work  of  thirteen 
years — and  had  never  been  completed  until  that 
day.  The  Declaration  of  Independence  and  the 
Constitution  of  the  United  States,  are  parts  of  one 
consistent  whole,  founded  upon  one  and  the  same 
theory  of  government,  then  new,  not  as  a  theory, 
for  it  had  been  working  itself  into  the  mind  of 
man  for  many  ages,  and  been  especially  expounded 
in  the  writings  of  Locke,  but  had  never  before 
been  adopted  by  a  great  nation  in  practice. 

There  are  yet,  even  at  this  day,  many  specula 
tive  objections  to  this  theory.  Even  in  our  own 
country,  there  are  still  philosophers  who  deny  the 
principles  asserted  in  the  Declaration,  as  self- 
evident  truths — who  deny  the  natural  equality 
and  inalienable  rights  of  man — who  deny  that  the 
people  are  the  only  legitimate  source  of  power — 
who  deny  that  all  just  powers  of  government  are 
derived  from  the  consent  of  the  governed.  Nei 
ther  your  time,  nor  perhaps  the  cheerful  nature 
of  this  occasion,  permits  me  here  to  enter  upon  the 
examination  of  this  anti-revolutionary  theory, 
which  arrays  state  sovereignty  against  the  constit 
uent  sovereignty  of  the  people,  and  distorts  the 
Constitution  of  the  United  States  into  a  league  of 
friendship  between  confederate  corporations.  I 
speak  to  matters  of  fact.  There  is  the  Declara 
tion  of  Independence,  and  there  is  the  Constitution 
of  the  United  States — let  them  speak  for  them 
selves.  The  grossly  immoral  and  dishonest  doc 
trine  of  despotic  state  sovereignty,  the  exclusive 
judge  of  its  own  obligations,  and  responsible  to  no 
power  on  earth  or  in  heaven,  for  the  violation  of 
them,  is  not  there.  The  Declaration  says,  it  is 
not  in  me.  The  Constitution  says,  it  is  not  in  me. 

The  confederacy  of  sovereign  states  has  made 
itself  known  by  its  fruits ;  but  there  is  one  obser 
vation  so  creditable  to  our  revolutionary  fathers, 


200 


APPENDIX  TO   CHAPTER  III. 


[BK.  IV. 


that  it  ought  never  to  be  overlooked.  The  defects 
of  the  confederacy  were  vices  of  the  institution, 
and  not  of  the  men  by  whom  it  was  administered. 
The  jealousy  of  delegated  power  pervaded  every 
part  of  the  articles  of  confederacy,  and  indeed,  al 
most  all  the  separate  constitutions.  The  prevail 
ing  principle  of  every  provision  made  under  the 
influence  of  this  distrusting  maxim,  was,  that  the 
same  power  should  not  long  be  intrusted  to  the 
same  hands — but  it  never  extended  to  the  exclu 
sion  of  any  person  from  office,  after  a  designated 
term  of  service  in  another.  One  of  the  articles 
of  confederation  had  interdicted  every  person  from 
holding  the  office  of  a  member  of  Congress  more 
than  three  years  in  six.  But  any  member  ex 
cluded  by  the  expiration  of  his  limited  term  of 
service  in  Congress,  was  eligible  to  any  other 
station  in  the  legislative,  executive,  or  judicial 
departments  of  his  state,  or  to  any  office,  civil 
or  military,  within  the  general  jurisdiction  of 
Congress. 

In  point  of  fact,  the  great  measures  by  which 
the  revolution  was  commenced,  conducted,  and 
concluded,  were  devised  and  prosecuted  by  a  very 
few  leading  minds,  animated  by  one  pervading, 
predominating  spirit.  The  object  of  the  Revolu 
tion-was  the  transformation  of  thirteen  dependent 
and  oppressed  English  colonies,  into  one  nation 
of  thirteen  confederated  states.  It  was,  as  the  late 
Mr.  Madison  remarked  to  Miss  Martineau,  an  un 
dertaking  to  do  that  which  had  always  before  been 
believed  impossible.  In  the  progress  to  its  ac 
complishment,  obstacles  almost  numberless,  and 
difficulties  apparently  insurmountable,  obstructed 
every  step  of  the  way.  That  in  the  dissolution 
and  re-institution  of  the  social  compact,  by  men 
marching  over  an  untrodden  path  t6  the  very 
fountains  of  human  government,  great  and  dan 
gerous  errors  should  have  been  committed,  is  but 
an  acknowledgment  that  the  builders  of  the  new 
.edifice  were 'fallible  men.  But  at  the  head  of  the 
convention  that  formed  the  Constitution,  was 
George  Washington,  the  leader  of  the  armies  of 
the  Revolution — among  its  prominent  members 
were  Benjamin  Franklin  and  Roger  Sherman,  two 
of  the  members  of  that  memorable  committee 
who  had  reported  the  Declaration  of  Independ 
ence — and  its  other  members  without  exception, 
were  statesmen  who  had  served  in  the  councils  of 
the  Union,  throughout  the  Revolutionary  struggle, 


or  warriors  who  had  contended  with  the  enemy 
upon  the  field. 

The  Signers  of  the  Declaration  of  Independence 
themselves,  were  the  persons  who  had  first  fallen 
into  the  error  of  believing  that  a  confederacy  of 
independent  states  would  serve  as  a  substitute  for 
the  repudiated  government  of  Great  Britain.  Ex 
perience  had  demonstrated  their  mistake,  and  the 
condition  of  the  country  was  a  shriek  of  terror  at 
its  awful  magnitude.  They  did  retrace  their  steps 
— not  to  extinguish  the  federative  feature  in  which 
their  union  had  been  formed :  nothing  could  be 
wider  from  their  intention — but  to  restore  the 
order  of  things  conformably  to  the  principles  of 
the  Declaration  of  Independence,  and  as  they  had 
been  arranged  in  the  first  plans  for  a  confederation. 
To  make  the  people  of  the  Union  the  constituent 
body,  and  the  reservation  of  the  rights  of  the 
states  subordinate  to  the  Constitution.  Hence 
the  delegation  of  power  was  not  from  each  state 
retaining  its  sovereignty,  and  all  rights  not  ex 
pressly  delegated  by  the  states,  but  from  the 
people  of  each  and  all  of  the  states,  to  the  United 
States  in  Congress  assembled,  representing  at 
once  the  whole  people  and  all  the  states  of  the 
Union. 

They  retained  the  federative  feature  pre-emi 
nently  in  the  constitution  of  the  Senate,  and  in  the 
complication  of  its  great  powers,  legislative,  exec 
utive,  and  judicial — making  that  body  a  partici 
pant  in  all  the  great  departments  of  constituted 
power.  They  preserved  the  federative  principle 
and  combined  it  with  the  constituent  power  of  the 
people  in  the  mode  of  electing  the  President  of 
the  United  States,  whether  by  the  electoral  col 
leges,  or  by  the  House  of  Representatives  voting 
by  states.  They  preserved  it  even  in  the  consti 
tution  of  the  House,  the  popular  branch  of  the 
Legislature,  by  giving  separate  delegations  to  the 
people  of  each  state.  But  they  expressly  made 
the  Constitution  and  constitutional  laws  of  the 
United  States  paramount  not  only  to  the  laws, 
but  to  the  constitutions  of  the  separate  states  in 
consistent  with  them. 

I  have  traced  step  by  step,  in  ininutc  and  tedi 
ous  detail,  the  departure  from  the  principles  of 
the  Declaration  of  Independence,  in  the  process 
of  organizing  the  confederation — the  disastrous 
and  lamentable  consequences  of  that  departure, 
and  the  admirable  temper  and  spirit,  with  which 


CH.  III.] 


THE  CONVENTION   AND  THE  CONSTITUTION. 


2G1 


the  Convention  at  Philadelphia  returned  to  those 
principles  in  the  preparation  and  composition  of 
the  Constitution  of  the  United  States.  That  this 
work  was  still  imperfect,  candor  will  compel  us 
all  to  admit,  though  in  specifying  its  imperfec 
tions,  the  purest  minds  and  the  most  patriotic 
hearts  differ  widely  from  each  other  in  their  con 
clusions.  Distrustful  as  it  becomes  me  to  be  of 
my  own  judgment,  but  authorized  by  the  experi 
ence  of  a  full  half  century,  during  which  I  have 
been  variously  and  almost  uninterruptedly  en 
gaged  in  both  branches  of  the  Legislature,  and  in 
the  executive  departments  of  this  government,  and 
released  by  my  own  rapid  approach  to  the  closing 
scene  of  life,  from  all  possible  influence  of  per 
sonal  interest  or  ambition,  I  may  perhaps  be  per 
mitted  to  remark,  that  the  omission  of  a  clear  and 
explicit  Declaration  of  Rights,  was  a  great  defect 
in  the  Constitution  as  presented  by  the  Conven 
tion  to  the  people,  and  that  it  has  been  imperfectly 
remedied  by  the  ten  Articles  of  amendment  pro 
posed  by  the  first  Congress  under  the  Constitu 
tion,  and  now  incorporated  with  it.  A  Declaration 
of  Rights  would  have  marked  in  a  more  emphatic 
manner  the  return  from  the  derivative  sovereignty 
of  the  states,  to  the  constituent  sovereignty  of  the 
people  for  the  basis  of  the  federal  Union,  than  was 
done  by  the  words,  "  We  the  people  of  the  Unit 
ed  States,"  in  the  preamble  to  the  Constitution. 
VOL.  II.— 33 


A  Declaration  of  Rights,  also,  systematically 
drawn  up,  as  a  part  of  the  Constitution,  and  adapt 
ed  to  it  with  the  consummate  skill  displayed  in 
the  consistent  adjustment  of  its  mighty  powers, 
would  have  made  it  more  complete  in  its  unity, 
and  in  its  symmetry,  than  it  now  appears,  an  ele 
gant  edifice,  but  encumbered  with  superadditions, 
not  always  in  keeping  with  the  general  character 
of  the  building  itself. 

A  Declaration  of  Rights,  reserved  by  the  con 
stituent  body,  the  people,  might  and  probably 
would  have  prevented  many  delicate  and  danger 
ous  questions  of  conflicting  jurisdictions  which 
have  arisen,  and  may  yet  arise  between  the  gen 
eral  and  the  separate  state  governments.  The 
rights  reserved  by  the  people  would  have  been 
exclusively  their  own  rights,  and  they  would  have 
been  protected  from  the  encroachments  not  only 
of  the  general  government,  but  of  the  disunited 
states. 

And  this  is  the  day  of  your  commemoration. 
The  day  when  the  Revolution  of  Independence 
being  completed,  and  the  new  confederated  Re 
public  announced  to  the  world,  as  the  United 
States  of  America,  constituted  and  organized  un 
der  a  government  founded  on  the  principles  of  the 
Declaration  of  Independence,  was  to  hold  her 
course  along  the  lapse  of  time  among  the  civilized 
potentates  of  the  earth. 


2G2 


ORGANIZATION   OF  THE  FEDERAL  GOVERNMENT. 


[P>K.   IV. 


CHAPTER    IY. 
1789. 

ORGANIZATION  OF  THE   FEDERAL   GOVERNMENT. 

Washington  the  choice  of  the  nation  for  president  —  His  anxious  thought,  and  reluctance  to  accept  the  charge  — 
Extracts  from  his  letters  —  Able  men  sent  to  Congress  —  Washington  unanimously  elected — John  Adams  elected 
vice-president  —  "  Federal  Hall"  in  New  York  refitted  for  the  inauguration  —  Washington's  letter  to  Knox  — 
Record  in  his  Diary — His  Journey  to  New  York  like  a  triumphal  procession  —  Incidents  at  the  Schuylkill,  and 
at  Trenton  —  Entrance  into  New  York  —  Ceremonies  connected  with  the  inauguration — Touching  scene  — 
Washington's  inaugural  speech  —  The  close  of  the  day  —  Answers  of  Congress  to  Washington's  speech  —  His 
arrangements  is  to  receiving  visits — Position  of  affairs  at  home  and  abroad,  a  cause  of  anxiety  to  the  president 

—  The  subject  of  revenue  taken  up  by  Congress — Debate  on  Madison's  plan — The  three  executive  departments 
established  —  Debate  as  to  the  power  of  removal    from  office  —  Abstract  of  the  arguments — How  decided  — 
Views  of  Hamilton,  Story,  and  others  —  Amendments  to  the  Constitution  proposed — Twelve  adopted  —  The 
national  judiciary  established  — Debate  as  to  the  location  of  the  seat  of  government  —  Salaries  of  the  president, 
etc.  —  North  Carolina  and  Rhode  Island  treated  as  foreign  states  —  Jefferson,  Hamilton,  Knox  and  Randolph, 
chosen  by  the  president  as  his  cabinet  —  John  Jay,  chief  justice  —  His  associates — Public  credit  to  be  supported 

—  Hamilton  directed  to  prepare  a  plan — Day  of  thanksgiving  appointed  —  Close  of  the  session  of  Congress. 


THE  Constitution,  as  has  been  seen, 
was  not  adopted,  without  long  and 
earnest  discussion,  and  it  was  received 
with  grave  doubt  and  apprehension  in 
various  portions  of  the  country.  Its 
successful  working,  therefore,  was  but 
problematical  in  the  estimation  of 
many;  and  there  were  those,  who, 
from  the  outset,  disliked  its  aim  and 
provisions,  and  determined  to  oppose 
its  operation  in  every  way  which  they 
could.  Yet,  seeing  that  it  had  been 
adopted  by  eleven  of  the  states,  it  was 
certain  that  a  trial  of  its  merits  must 
be  had,  notwithstanding  the  doubts,  and 
fears,  and  ill  wishes  of  its  opponents. 

But,  although  there  was  this  con 
trariety  of  opinion  as  to  the  new  Con 
stitution  and  its  value,  there  was  not, 
for  there  could  not  be,  a  shadow  of 
hesitation,  as  to  the  man,  under  whose 
auspices  the  test  was  to  be  applied, 


which  was  to  demonstrate  whether 
the  Constitution  was,  or  was  not,  what 
its  friends  or  its  opposers  asserted. 
That  man — the  spontaneous  impulse 
of  every  American  heart,  prompted 
the  utterance — was  GEORGE  WASHING 
TON.  Every  one  knew,  it  is  true,  his 
reluctance  to  leave  the  retirement  of 
his  home ;  every  one  knew,  likewise, 
that  his  patriotism  triumphed  over 
all  personal  considerations ;  and  the 
instinctive  feeling  of  the  whole  coun 
try  taught  them,  that  there  was  no 
man  so  absolutely  necessary,  in  the 
present  crisis,  as  Washington,  whose 
ability,  wisdom,  prudence,  and  charac 
ter,  alone  could  enable  him,  with  any 
prospect  of  success,  to  sustain  the  diffi 
culties  and  dangers  of  the  new  and  un 
tried  position  of  the  president  of  the 
United  States  of  America.  He  could 
not  but  be  made  aware  of  public  sen- 


CH.  IV.] 


WASHINGTON'S   RELUCTANT  ASSENT. 


203 


timent  on  this  subject  in  many  ways ; 
and  his  more  intimate  friends  and  cor 
respondents  wrote  to  him  in  terms  of 
urgent  entreaty,  assuring  him,  that 
without  his  potent  name  and  presence, 
it  was  almost  hopeless  to  expect  aught 
else  but  uncertainty  and  failure  in  the 
great  experiment  now  about  to  be 
tried. 

Washington's  letters  evince  the  deep 
anxiety  with  which  he  examined  this 
question,  and  the  unfeigned  reluctance 
which  he  entertained  towards  entering 
again  upon  public  life.  Writing  to 
Hamilton,  in  reply  to  a  forcible  letter 
from  that  distinguished  statesman  and 
patriot,  he  thus  expressed  himself:  "  If 
I  am  not  grossly  deceived  in  myself,  I 
should  unfeignedly  rejoice,  in  case  the 
electors,  by  giving  their  votes  to  some 
other  person,  would  save  me  from  the 
dreadful  dilemma  of  being  forced  to 
accept  or  refuse.  If  that  may  not  be, 
I  am  in  the  next  place,  earnestly  de 
sirous  of  searching  out  the  truth,  and 
of  knowing  whether  there  does  not  ex 
ist  a  probability  that  the  government 
would  just  as  happily  and  effectually 
be  carried  into  execution,  without  my 
aid,  as  with  it.  I  am  truly  solicitous 
to  obtain  all  the  previous  information 
which  the  circumstances  will  afford,  and 
to  determine,  (when  the  determination 
can  no  longer  be  postponed,)  according 
to  the  principles  of  right  reason,  and 
the  dictates  of  a  clear  conscience,  with 
out  too  great  a  reference  to  the  unfore 
seen  consequences  which  may  affect  my 
person  or  reputation.  Until  that  pe 
riod,  I  may  fairly  hold  myself  open  to 
conviction,  though  I  allow  your  senti 
ments  to  have  weight  in  them ;  and  I 


shall  not  pass  by  your  arguments,  with 
out  giving  them  as  dispassionate  a  con 
sideration  as  I  can  possibly  bestow  upon 
them. 

"  In  taking  a  survey  of  the  subject, 
in  whatever  point  of  light  I  have  been 
able  to  place  it,  I  will  not  suppress  the 
acknowledgment,  my  dear  sir,  that  I 
have  always  felt  a  kind  of  gloom  upon 
my  mind,  as  often  as  I  have  been  taught 
to  expect  I  might,  and,  perhaps,  must 
be  called  upon  ere  long  to  make  the 
decision.  You  will,  I  am  well  assured, 
believe  the  assertion,  though  I  have 
little  expectation  it  would  gain  credit 
from  those  who  are  less  acquainted 
with  me,  that  if  I  should  receive  the 
appointment,  and  should  be  prevailed 
upon  to  accept,  the  acceptance -would 
be  attended  with  more  difficulty  and 
reluctance,  than  I  ever  experienced  be 
fore.  It  would  be,  however,  with  a 
fixed  and  sole  determination  of  lend 
ing  whatever  assistance  misrht  be  in 

o  o 

my  power  to  promote  the  public  weal, 
in  hopes  that  at  a  convenient  and  early 
period,  my  services  might  be  dispensed 
with ;  and  that  I  might  be  permitted 
once  more  to  retire,  to  pass  an  un 
clouded  evening,  after  the  stormy  day 
of  life,  in  the  bosom  of  domestic  tran 
quillity." 

In  a  letter  to  Lafayette,  among  other 
things,  he  said : — "  Your  sentiments,  in 
deed,  coincide  much  more  nearly  with 
those  of  my  other  friends,  than  with 
my  own  feelings.  In  truth,  my  diffi 
culties  increase  and  magnify,  as  I  draw 
towards  the  period,  when,  according  to 
the  common  belief,  it  will  be  necessary 
for  me  to  give  a  definitive  answer  in 
one  way  or  other.  Should  circum- 


264 


ORGANIZATION   OF  THE   FEDERAL   GOVERNMENT. 


[BK.  IV. 


stances  render  it  in  a  manner  inevit 
ably  necessary  to  be  in  the  affirmative, 
be  assured,  my  dear  sir,  I  shall  assume 
the  task  with  the  most  unfeigned  re 
luctance,  and  with  a  real  diffidence,  for 
which  I  shall  probably  receive  no  credit 
from  the  world.  If  I  know  my  own 
heart,  nothing  short  of  a  conviction  of 
duty,  will  induce  me  again  to  take  an 
active  part  in  public  affairs.  And  in 
that  case,  if  I  can  form  a  plan  for  my 
own  conduct,  my  endeavors  shall  be 
unremittingly  exerted,  (even  at  the 
hazard  of  former  fame  or  present  pop 
ularity,)  to  extricate  my  country  from 
the  embarrassments  in  which  it  is  en 
tangled  through  want  of  credit,  and  to 
establish  a  general  system  of  policy, 
which,  if  pursued,  will  ensure  perman 
ent  felicity  to  the  commonwealth.  I 
think  I  see  a  path  as  clear  and  as  di 
rect  as  a  ray  of  light,  which  leads  to 
the  attainment  of  that  object.  Noth 
ing  but  harmony,  honesty,  industry, 
and  frugality,  are  necessary  to  make  us 
a  great  and  a  happy  people.  Happily 
the  present  posture  of  affairs,  and  the 
prevailing  disposition  of  my  country 
men,  promise  to  co-operate  in  estab 
lishing  those  four  great  and  essential 
pillars  of  public  felicity." 

During  the  winter  of  1788-9,  the 
election  of  members  of  the  first  Federal 
Congress  went  busily  forward.  Some 
of  the  ablest  and  best  men  in  the  coun 
try  were  chosen;  among  whom  were 
Fisher  Ames,  James  Madison,*  Elias 


*  For  the  manner  in  vhich  Patrick  Henry,  as  gov 
ernor  of  Virginia,  prevented  the  election  of  Madison 
into  the  Senate,  seo  WLrt's  '•'•Life  of  Patrick  Henry" 
p.  316. 


Boudinot,  Roger  Sherman,  Frederick 
A.  Muhlenbers;,  Egbert  Benson,  Abra- 

O  i         O  ' 

ham  Baldwin,  and  others,  in  the  House 
of  Representatives  ;  and  John  Lang- 
don,  Oliver  Ellsworth,  Rufus  King, 
Charles  Carroll,  R.  II.  Lee,  and  Robert 
Morris,  in  the  Senate. 

The  electors  met  in  the  several  states, 
on  the  first  Wednesday  in  February, 
and.  in  accordance  with  the  pro- 

1789. 

visions  of  the  second  article  of 
the  Constitution,  gave  in  their  ballots. 
These  having  been  opened  by  Con 
gress,  on  the  6th  of  April,*  it  was 
found,  that  the  whole  number  of  votes 
was  sixty-nine.  Washington  received 
them  all,  without  a  single  exception ; 
and  John  Adams  received  thirty-four. 
This,  although  not  a  majority  of  the 
whole,  designated  him,  as,  "  after  the 
choice  of  the  president,  the  person 
having  the  greatest  number  of  votes 
of  the  electors  ;"  and  consequently  John 
Adams  became  the  first  vice-president, 
John  Jay,  R.  II.  Harrison,  and  John 
Rutledge,  with  others,  received  a  num 
ber  of  votes.  Official  information  was 
immediately  communicated  to  Wash 
ington  and  Adams,  and  preparations 
were  made  for  the  solemn  inaugura 
tion  of  the  new  government.  Some 
liberal-spirited  merchants  of  New  York 
contributed  over  $30,000,  and  the  "Fed 
eral  Hall,"  the  site  of  which  is  now  oc 
cupied  by  the  Custom-House,  was  put 
in  suitable  order  for  the  great  uses  to 
which  it  was  to  be  devoted. 


*  Wednesday,  the  4th  of  March,  was  the  day  ap 
pointed  for  the  meeting  of  Congress;  but  bad  ronda 
and  culpable  want  of  punctuality  prevented  the  com 
mencement  of  the  session  fur  more  than  a  month. 


CH.  IV.] 


WASHINGTON'S  JOURNEY  TO   NEW  YORK. 


205 


Although  the  result  of  the  election 
was  known  some  time  in  advance, 
Washington  did  not  receive  the  official 
notice  of  it  until  the  14th  of  April, 
when  Mr.  Charles  Thomson,  secretary 
of  the  late  Congress,  conveyed  to  him 
the  intelligence  of  the  perfect  unan 
imity  with  which  his  fellow-citizens 
had  chosen  him  to  preside  over  their 
beloved  country.  The  delay  was  not 
unacceptable  to  Washington,  however 
much  regretted  by  the  public.  Writing 
to  General  Knox,  he  said,  "  I  feel  for 
those  members  of  the  new  Congress, 

o 

who,  hitherto,  have  given  an  unavail 
ing  attendance  at  the  theatre  of  ac 
tion.  As  for  myself,  the  delay  may 
be  compared  to  a  reprieve ;  for  in  con 
fidence,  I  tell  you,  (with  the  world  it 
would  obtain  little  credit,)  that  my 
movements  to  the  chair  of  government 
will  }>e  accompanied  by  feelings  not 
unlike  those  of  a  culprit  who  is  going 
to  the  place  of  his  execution;  so  un 
willing  am  I  in  the  evening  of  life, 
nearly  consumed  in  public  cares,  to 
quit  a  peaceful  abode  for  an  ocean  of 
difficulties,  without  that  competency 
of  political  skill,  abilities,  and  inclina 
tion,  which  are  necessary  to  manage 
the  helm.  I  am  sensible  that  I  am 
embarking  the  voice  of  the  people,  and 
a  good  name  of  my  own,  on  this  voy 
age,  but  what  returns  Avill  be  made 
for  them,  Heaven  alone  can  foretell. 
Integrity  and  firmness  are  all  I  can 
promise.  These,  be  the  voyage  long 
or  short,  shall  never  forsake  me,  al 
though  I  may  be  deserted  by  all  men  ; 
for  of  the  consolations  which  are  to  be 
derived  from  these,  under  any  circum 
stances,  the  world  cannot  deprive  me." 


1TS9. 


Ever  prompt  in  his  obedience  to  the 
call  of  his  country,  Washington,  on  the 
second  day  after  receiving  the  notice 
of  his  election,  set  out  for  New  York. 
The  record  in  his  Diary  is  worthy  of 
being  quoted:  "About  ten  o'clock,  I 
bade  adieu  to  Mount  Vernon,  to  pri 
vate  life,  and  to  domestic  felicity ;  and 
with  a  mind  oppressed  with  more 
anxious  and  painful  sensations  than  I 
have  words  to  express,  set  out 
for  New  York,  in  company  with 
Mr.  Thomson  and  Colonel  Humph  iw*, 
with  the  best  disposition  to  render  ser 
vice  to  my  country  in  obedience  to  its 
call,  but  with  less  hope  of  answering 
its  expectations." 

His  whole  journey  was  like  one  con 
tinued  triumphal  procession.  -In  all 
the  towns  and  villages  on  his  route, 
the  enthusiasm  and  love  of  his  country 
men  led  them  to  take  every  step  in 
their  power  to  show  their  grateful 
sense  of  his  devotion  to  their  best  in 
terests.  The  people  gathered  by  the 
road  side,  and  cheers  of  hearty  con 
gratulation  were  uttered.  Addresses 
were  presented  to  him ;  the  citizen 
soldiery  paraded  in  his  honor ;  tri 
umphal  arches  were  erected ;  and  every 
description  of  respect  and  veneration 
was  bestowed  upon  him.  Gray's  bridge 
over  the  Schuylkill,  which  he  had  to 
pass,  was  highly  decorated  with  laurels 
and  evergreens.  At  each  end  of  it 

o 

were  erected  magnificent  arches,  com 
posed  of  laurels,  emblematical  of  the 
ancient  Roman  triumphal  arches,  and 
on  each  side  of  the  bridge  was  a  laurel 
shrubbery.  As  Washington  passed  the 
bridge,  a  youth  ornamented  with  sprigs 
of  laurel,  assisted  by  machinery,  let 


26G 


ORGANIZATION   OF  THE  FEDERAL  GOVERNMENT. 


[BK.  IV. 


drop  above  his  head,  though  unper- 
ceived  by  him,  a  civic  crown  of  laurel. 
Many  thousands  of  the  people  accom 
panied  him  into  the  city,  and  at  night 
Philadelphia  was  illuminated. 

When  Washington  crossed  the  Del 
aware,  and  landed  on  the  Jersey  shore, 
he  was  saluted  with  three  cheers  by 
the  inhabitants  of  the  vicinity.  When 
he  came  to  the  brow  of  the  hill  on  his 
way  to  Trenton,  a  triumphal  arch  was 
erected  on  the  bridge  by  the  direction 
of  the  ladies  of  the  place.  The  crown 
of  the  arch  was  highly  ornamented 
with  laurels  and  flowers,  and  on  it  was 
displayed  in  large  figures,  "  December 
26th,  IT 76."  On  the  sweep  of  the 
arch  beneath,  was  inscribed  in  large 
gilt  letters, — 

THE    DEFENDER    OF    THE    MOTHERS 
•WILL    BE 

THE   PROTECTOR   OF  THE   DAUGHTERS. 

On  the  the  north  side  were  ranged 
thirteen  young  girls,  dressed  in  white, 
with  garlands  of  flowers  on  their  heads, 
and  baskets  of  flowers  on  their  arms ; 
and  behind  these  stood  the 
young  women  and  matrons  of 
the  neighborhood.  The  moment  Wash 
ington  was  passing  the  arch,  the  girls 
began  to  sing,  with  their  sweet  voices, 
the  following  ode : 

"  Welcome,  mighty  chief !  once  more 
Welcome  to  this  grateful  shore. 
Now  no  mercenary  foe 
Aims  again  the  fatal  blow, 
Aims  at  thee  the  fatal  blow. 

"Virgins  fair,  and  matrons  grave, 
These  thy  conquering  arms  did  save ! 
Build  for  thce  triumphal  bowers  ; 
Strew,  ye  fair,  his  way  with  flowers ; 
Strew  your  Hero's  way  with  flowers.' 


1789. 


As  they  sang  the  last  lines,  they 
strewed  the  flowers  in  the  path  of  the 
father  of  his  country  ;  a  most  touching 
and  beautiful  exhibition  indeed,  and 
one  which  called  forth  expressions  from 
him  of  deepest  acknowledgment. 

At  New  Brunswick,  he  wras  joined 
by  the  governor  of  New  Jersey,  who 
accompanied  him  to  Elizabethtown 
Point.  A  Committee  of  Congress  re 
ceived  him  with  every  mark  of  honor, 
and,  on  the  23d  of  April,  he  embarked 
from  the  Point  in  an  elegant  barge,  of 
thirteen  oars,  and  manned  by  thirteen 
pilots  in  white  uniforms.  The  evidences 
of  the  people's  love  and  gratulation, 
as  seen  in  the  decorated  vessels  and 
boats,  crowded  with  spectators,  in  the 
noble  Bay  of  New  York,  as  the  presi 
dent  drew  nigh  to  the  city,  were  in 
describably  grand  and  forcible ;  and 
yet,  so  little  elated  was  that  great  man 
and  true  patriot  with  these  marks  of 
popular  favor,  that  he  put  on  record 
in  his  private  journal,  the  pain  that 
mingled  with  the  pleasure  of  the  day. 
"  The  display  of  boats,  which  attended 
and  joined  on  this  occasion,  some  with 
vocal,  and  others  with  instrumental 
music  on  board,  the  decorations  of  the 
ships,  the  roar  of  cannon,  and  the  loud 
acclamations  of  the  people,  which  rent 
the  sky,  as  I  passed  along  the  wharves, 
filled  my  mind  with  sensations  as  pain 
ful  (contemplating  the  reverse  of  this 
scene,  Avhich  may  be  the  case  after  all 
my  labors  to  do  good)  as  they  were 
pleasing."* 

*  Mr.  Bomlinot,  in  a  letter  quoted  in  "  TJie  Repub 
lican  Court,"  pp.  130-34,  gives  a  very  interesting  and 
full  account  of  the  animated  scene  exhibited  on  this 
occasion  in  the  liuv  of  New  York. 


CH.  IV.] 


INAUGURATION   OF  WASHINGTON. 


267 


1789. 


Landing  at  Murray's  wharf,  he  was 
saluted  by  a  discharge  of  artillery,  and 
the  governor  of  the  state,  the  corpora 
tion  of  the  city,  the  clergy,  foreign 
ministers,  and  a  vast  concourse  of  the 
citizens,  besides  the  military,  escorted 
him  to  his  residence.  Joy  and  festivity 
succeeded,  and  in  the  evening  the  whole 
city  was  brilliantly  illuminated. 

Congress  having  determined  that 
suitable  ceremony  should  be  observed 
in  Washington's  taking  the  oath 
of  office,*  the  30th  of  April  was 
fixed  upon  as  the  day,  and  services  were 
held  in  all  the  churches  in  the  city,  at 
nine  o'clock  in  the  morning.  Soon 
after  noon,  the  committees  of  Congress 
and  the  heads  of  departments  waited 
upon  Washington,  and  a  grand  pro 
cession  was  formed,  the  military  in 
advance,  the  committees  next,  and 
then  the  president  in  a  coach  alone, 
followed  by  various  civil  officers  and 
citizens.  Having  arrived  at  "  Federal 
Hall,"  he  ascended  to  the  Senate-cham 
ber,  and  passed  thence  to  the  balcony 


*  "  In  April,  1789,"  says  Dr.  Francis,  in  an  able 
Address,  commemorative  of  the  life  and  services  of 
Chancellor  Livingston,  "  this  city  was  the  scene  of 
one  of  the  most  solemn  ceremonies  recorded  in  the 
annals  of  America.  The  great  Washington,  having 
conducted  to  a  successful  issue,  the  momentous  con 
test  for  independence,  and  the  sages  of  our  nation 
having  elaborated  a  constitutional  code  of  govern 
ment,  all  eyes  were  directed  to  the  illustrious  hero, 
whose  wise  and  sagacious  counsels,  no  less  than  his 
valor,  pointed  him  out  as  the  most  competent,  under 
Providence,  to  guide  the  vessel  of  state  in  safety. 
When  that  venerable  patriot,  agreeably  to  your 
wishes,  was  about  to  enter  upon  the  duties  of  the 
highest  office  known  to  freemen,  CHANCELLOR  Liv- 
INGSTOX  became  the  witness  of  his  solemn  appeal  to 
Heaven,  that  the  laws  should  be  faithfully  adminis 
tered." — Address  before  the  Philolexian  Society  of 
Columbia  College,  1831,  p.  32. 


in  front,  where  Chancellor  Livingston 
administered  the  oath  of  office  to  him, 
and  GEORGE  WASHINGTON,  reverently 
appealing  to  Heaven,  said,  "  I  do  sol 
emnly  swear,  that  I  will  faithfully  ex 
ecute  the  office  of  President  of  the 
United  States;  and  will,  to  the  best 
of  my  ability,  preserve,  protect,  and 
defend  the  Constitution  of  the  United 
States;"  adding,  as  he  pressed  his 
lips  to  the  Sacred  Volume,  "So  help 
me  God  !"  The  chancellor  then  turn 
ing  to  the  people  exclaimed,  with  a 
loud  voice,  "Long  live  George  Wash 
ington,  President  of  the  United  States !" 
Immediately  the  air  was  rent  with  ac 
clamations  from  tens  of  thousands  of 
rejoicing  freemen,  acclamations  which 
well  nigh  drowned  the  roar  o'f  the 
cannon.  Truly,  as  said  a  spectator 
of  this  deeply  interesting  scene,  "it 
seemed,  from  the  number  of  witnesses, 
to  be  a  solemn  appeal  to  heaven  and 
earth.  Upon  the  subject  of  this  great 
and  good  man,  I  may,  perhaps,  be  an 
enthusiast ;  but,  I  confess,  I  was  under 
an  awful  and  religious  persuasion,  that 
the  gracious  Ruler  of  the  Universe 
was  looking  down  at  that  moment 

O 

with  peculiar  complacency  on  an  act, 
which,  to  a  part  of  his  creatures,  was 
so  very  important.  Under  this  im 
pression,  when  the  Chancellor  pro 
nounced,  in  a  very  feeling  manner, 
"  LONG  LIVE  GEORGE  WASHINGTON," 
my  sensibility  was  wound  up  to  such  a 
pitch,  that  I  could  do  no  more  than 
wave  my  hat  with  the  rest,  without 
the  power  of  joining  in  the  repeated 
acclamations  which  rent  the  air." 

Washington,  bowing  to  the  assem 
bled  multitude,  then  returned  to   the 


208 


ORGANIZATION   OF  THE  FEDERAL  GOVERNMENT. 


[BK.  IV. 


1789. 


Senate  Chamber,  where  he  delivered 
his  Inaugural  speech.  Its  dig 
nity,  wisdom,  and  ability,  ren 
der  it  every  way  worthy  of  being 
spread  in  full  upon  our  pages. 

"  Fellow  Citizens  of  the  Senate  and  of  the  House 
of  Representatives : 

"  Among  the  vicissitudes  incident  to 
life,  no  event  could  have  filled  me  with 
greater  anxieties,  than  that  of  which 
the  notification  was  transmitted  by 
your  order,  and  received  on  the  14th 
day  of  the  present  month.  On  the  one 
hand,  I  was  summoned  by  my  country, 
whose  voice  I  can  never  hear  but  with 
veneration  and  love,  from  a  retreat 
which  I  had  chosen  with  the  fondest 
predilection,  and,  in  my  flattering  hopes, 
with  an  immutable  decision,  as  the  asy 
lum  of  my  declining  years :  a  retreat 
which  was  rendered  every  day  more 
necessary  as  well  as  more  dear  to  me, 
by  the  addition  of  habit  to  inclination, 
and  of  frequent  interruptions  in  my 
health  to  the  gradual  waste  committed 
on  it  by  time.  On  the  other  hand,  the 
magnitude  and  difficulty  of  the  trust  to 
which  the  voice  of  my  country  called 
me,  being  sufficient  to  awaken  in  the 
wisest  and  most  experienced  of  her 
citizens,  a  distrustful  scrutiny  into  his 
qualifications,  could  not  but  overwhelm 
with  despondence  one  who,  inheriting 
inferior  endowments  from  nature,  and 
unpractised  in  the  duties  of  civil  ad 
ministration,  ought  to  be  peculiarly 
conscious  of  his  own  deficiencies.  In 
this  conflict  of  emotions,  all  I  dare  aver 
is,  that  it  has  been  my  faithful  study, 
to  collect  my  duty  from  a  just  appre 
ciation  of  every  circumstance  by  which 
it  might  be  effected  All  I  dare  hope 


is,  that,  if  in  accepting  this  task,  I  have 
been  too  much  swayed  by  a  grateful 
remembrance  of  former  instances,  or  by 
an  affectionate  sensibility  to  this  trans 
cendent  proof  of  the  confidence  of  my 
fellow-citizens ;  and  have  thence  too 
little  consulted  my  incapacity,  as  well 
as  disinclination  for  the  weighty  and 
untried  cares  before  me ;  my  ERROR 
will  be  palliated  by  the  motives  which 
misled  me,  and  its  consequences  be 
judged  by  my  country  with  some 
share  of  the  partiality  in  which  they 
originated. 

O 

"  Such  being  the  impressions  under 
which  I  have,  in  obedience  to  the  pub 
lic  summons,  repaired  to  the  present 
station ;  it  will  be  peculiarly  improper 
to  omit,  in  this  first  official  act,  my  fer 
vent  supplications  to  that  Almighty 
Being  who  rules  over  the  universe  ; 
who  presides  in  the  councils  of  nations ; 
and  whose  providential  aids  can  supply 
every  human  defect,  that  his  benedic 
tion  may  consecrate  to  the  liberties 
and  happiness  of  the  people  of  the 
United  States,  a  government  instituted 
by  themselves  for  these  essential  pur 
poses;  and  may  enable  every  instru 
ment  employed  in  its  administration, 
to  execute  with  success,  the  functions 
allotted  to  his  charge.  In  tendering 
this  homage  to  the  great  Author  of 
every  public  and  private  good,  I  as 
sure  myself,  that  it  expresses  your  sen 
timents  not  less  than  my  own ;  nor 
those  of  my  fellow-citizens  at  large, 
less  than  either.  No  people  can  be 
bound  to  acknowledge  and  adore  the 
invisible  hand  which  conducts  the  af 
fairs  of  men,  more  than  the  people  of 
the  United  States.  Every  step  by 


CH.  IV.] 


WASHINGTON'S   INAUGURAL  SPEECH. 


209 


which  they  have  advanced  to  the  char 
acter  of  an  independent  nation,  seems 
to  have  been  distinguished  by  some 
token  of  providential  agency  ;  and  in 
the  important  revolution  just  accom 
plished  in  the  system  of  their  united 
government,  the  tranquil  deliberations 
and  voluntary  consent  of  so  many  dis 
tinct  communities,  from  which  the 
event  has  resulted,  cannot  be  com 
pared  with  the  means  by  which  most 
governments  have  been  established, 
without  some  return  of  pious  gratitude 
along  with  an  humble  anticipation  of 
the  future  blessings  which  the  past 
seem  to  presage.  These  reflections, 
arising  out  of  the  present  crisis,  have 
forced  themselves  too  strongly  on  my 
mind,  to  be  suppressed.  You  will  join 
with  me,  I  trust,  in  thinking  that  there 
are  none,  under  the  influence  of  which 
the  proceedings  of  a  new  and  free  gov 
ernment  can  more  auspiciously  com 
mence. 

"  By  the  article  establishing  the  ex 
ecutive  department,  it  is  made  the 
duty  of  the  president  '  to  recommend 
to  your  consideration,  such  measures  as 
he  shall  judge  necessary  and  expedi 
ent.'  The  circumstances  under  which 
I  now  meet  you,  will  acquit  me  from 
entering  into  that  subject,  farther  than 
to  refer  to  the  great  constitutional  char 
ter  under  which  you  are  assembled,  and 
which,  in  defining  your  powers,  desig 
nates  the  objects  to  which  your  atten 
tion  is  to  be  given.  It  will  be  more 
consistent  with  those  circumstances,  and 
far  more  congenial  with  the  feelings 
which  actuate  me,  to  substitute  in  place 
of  a  recommendation  of  particular  meas 
ures,  the  tribute  that  is  due  to  the  tal- 
VOL.  II.— 34 


ents,  the  rectitude,  and  the  patriotism, 
which  adorn  the  characters  selected  to 
devise  and  adopt  them.  In  these  hon 
orable  qualifications,  I  behold  the  surest 
pledges  that,  as  on  one  side,  no  local 
prejudices  or  attachments,  no  separate 
views  nor  party  animosities,  will  misdi 
rect  the  comprehensive  and  equal  eye 
which  ought  to  watch  over  this  great 
assemblage  of  communities  and  inter 
ests  ;  so,  on  another,  that  the  founda 
tions  of  our  national  policy  will  be  laid 
in  the  pure  and  immutable  principles 
of  private  morality ;  and  the  pre-emi 
nence  of  free  government  be  exempli 
fied  by  all  the  attributes  which  can  win 
the  affections  of  its  citizens,  and  com 
mand  the  respect  of  the  world.  I  dwell 
on  this  prospect  with  every  satisfaction 
which  an  ardent  love  for  my  country 
can  inspire ;  since  there  is  no  truth  more 
thoroughly  established  than  that  there 
exists,  in  the  economy  and  course  of 
nature,  an  indissoluble  union  between 
virtue  and  happiness ;  between  duty 
and  advantage ;  between  the  genuine 
maxims  of  an  honest  and  magnanimous 
policy,  and  the  solid  rewards  of  public 
prosperity  and  felicity :  since  we  ought 
to  be  no  less  persuaded  that  the  pro 
pitious  smiles  of  Heaven  can  never  be 
expected  on  a  nation  that  disregards 
the  eternal  rules  of  order  and  right, 
which  Heaven  itself  has  ordained,  and 
since  the  preservation  of  the  sacred 
fire  of  liberty,  and  the  destiny  of  the 
republican  model  of  government,  are 
justly  considered  as  DEEPLY,  perhaps 
as  FINALLY,  staked  on  the  experiment 
intrusted  to  the  hands  of  the  American 
people. 

"  Besides  the   ordinary  objects  sub- 


270 


ORGANIZATION   OF  THE  FEDERAL  GOVERNMENT. 


[BK.  IV. 


mitted  to  your  care,  it  will  remain  with 
your  judgment  to  decide,  how  far  an 
exercise  of  the  occasional  power  dele 
gated  by  the  fifth  article  of  the  Con 
stitution  is  rendered  expedient,  at  the 
present  juncture,  by  the  nature  of  ob 
jections  which  have  been  urged  against 
the  system,  or  by  the  degree  of  inqui 
etude  which  has  given  birth  to  them. 
Instead  of  undertaking  particular  re 
commendations  on  this  subject,  in  which 
I  could  be  guided  by  no  lights  derived 
from  official  opportunities,  I  shall  again 
give  way  to  my  entire  confidence  in 
your  discernment  and  pui-suit  of  the 
public  good :  for  I  assure  myself,  that 
whilst  you  carefully  avoid  every  alter 
ation  which  might  endanger  the  ben 
efits  of  a  united  and  effective  govern 
ment,  or  which  ought  to  await  the 
future  lessons  of  experience  ;  a  rever 
ence  for  the  characteristic  rights  of 
freemen,  and  %a  regard  for  the  public 
harmony,  will  sufficiently  influence  your 
deliberations  on  the  question  how  far 
the  former  can  be  more  impregnably 
fortified,  or  the  latter  be  safely  and  ad 
vantageously  promoted. 

"To  the  preceding  observations  I 
have  one  to  add,  which  will  be  most 
properly  addressed  to  the  House  of 
Representatives.  It  concerns  myself, 
and  will  therefore  be  as  brief  as  pos 
sible.  When  I  was  first  honored  with 
a  call  into  the  service  of  my  country, 
then  on  the  eve  of  an  arduous  struc^le 

oo 

for  its  liberties,  the  light  in  which  I 
contemplated  my  duty,  required  that  I 
should  renounce  every  pecuniary  com 
pensation.  From  this  resolution,  I  have 
in  no  instance  departed.  And  being 
still  under  the  impressions  which  pro 


duced  it,  I  must  decline,  as  inappli 
cable  to  myself,  any  share  in  the 
personal  emoluments  which  may  be 
indispensably  included  in  a  permanent 
provision  for  the  executive  depart 
ment  ;  and  must  accordingly  pray  that 
the  pecuniary  estimates  for  the  station 
in  which  I  am  placed,  may,  during  my 
continuance  in  it,  be  limited  to  such 
actual  expenditures  as  the  public  good 
may  be  thought  to  require. 

"  Having  thus  imparted  to  you  my 
sentiments,  as  they  have  been  awaken 
ed  by  the  occasion  which  brings  us  to 
gether,  I  shall  take  my  present  leave ; 
but  not  without  resorting  once  more  to 
the  benign  Parent  of  the  human  race, 
in  humble  supplication,  that  since  He 
has  been  pleased  to  favor  the  Amer 
ican  people  with  opportunities  for  de 
liberating  in  perfect  tranquillity,  and 
dispositions  for  deciding  with  unpar- 
ralleled  unanimity  on  a  form  of  gov 
ernment  for  the  security  of  their  Union, 
and  the  advancement  of  their  happi 
ness  ;  so  His  divine  blessing  may  be 
equally  conspicuous  in  the  enlarged 
views,  the  temperate  consultations,  and 
the  wise  measures  on  which  the  success 
of  this  government  must  depend." 

The  president,  accompanied  by  the 
vice-president,  members  of  Congress, 
and  many  others,  then  proceeded  on 
foot  to  St.  Paul's  Chapel,  where  prayers 
were  offered,  according  to  the  usage  of 
the  Protestant  Episcopal  Church,  by 
Bishop  Provost,  who  had  been 
recently  elected  one  of  the 
chaplains  of  Congress.  With  these 
services,  were  concluded  the  cere 
monies  connected  with  the  inaugura 
tion.  But  the  people  prolonged  their 


17§9. 


CH.  IV.] 


WASHINGTON   ENTERS   UPON   HIS   DUTIES. 


271 


festivities  into  the  night,  and  New 
York  was  all  alive  with  myriads  of 
spectators  gazing  upon  the  splendid 
illuminations. 

A  few  days  afterwards,  the  dispute 
between  the  two  Houses  having  been 

O 

settled,  whether  Washington  should 
be  addressed  as  "  His  Highness,"  or 
"His  Mightiness,"  or  simply  as  he  is 
designated  in  the  Constitution,  both 
the  Senate  and  the  House  presented 
to  the  president  answers  to  his  inaugu 
ral  speech.  It  is  almost  needless  to 
add,  that  these  answers  glowed  with 
sentiments  of  love,  veneration  and  con 
fidence,  which  promised  to  render  the 
session  of  Congress  harmonious  and  dil 
igent  in  the  discharge  of  public  duties.* 
The  first  president  of  the  United 
States  found  that  there  was  indeed 
much  reason  for  anxiety,  as  he  care 
fully  and  accurately  informed  himself 
of  the  actual  position  of  affairs  at  home 
and  abroad.  The  agitations  and 
excitement,  consequent  upon  the 
discussions  respecting  the  new  Consti 
tution,  were  not  yet  quieted.  Political 
animosities  were  rife  in  the  commu 
nity.  The  treasury  was  exhausted. 
Debts  pressed  heavily  in  all  direc- 


*  Washington,  on  entering  upon  his  duties,  found 
it  imperatively  necessary  to  make  certain  arrange 
ments  in  regard  to  the  time  of  receiving  of  visits,  etc. 
This,  which,  it  would  seem,  would  commend  itself  to 
every  man's  mind  as  only  right  and  proper,  was 
made  a  subject  of  complaint  by  some  of  the  suspicious 
and  squeamish  politicians  of  the  day.  For  Washing 
ton's  dignified  rebuke  of  those  who  ventured  to  carp 
at  his  doings,  as  if  he,  of  all  men,  were  desirous  of 
nping  regal  forms  and  ceremonies,  see  Marshall, 
vol.  ii.,  pp.  141  46  ;  and  Sparks,  pp.  412,  13.  See 
also  Tucker's  "  Life  of  Jefferson"  vol.  i.,  p.  312  :  he 
repeats,  as  "  facts,"  the  stories  of  the  president's  im 
itating  the  imposing  forms  of  royalty  and  nobility. 


17S9. 


tions  ;  and  restlessness  and  discontent 
found  place  among  too  many  of  the 
citizens.  "  The  Constitution  itself,"  as 
John  Quiucy  Adams  forcibly  says, "  had 
been  extorted  from  the  grinding  ne 
cessity  of  a  reluctant  nation.  The 
people  only  of  eleven  of  the  thirteen 
primitive  states  had  sanctioned  it  by 
their  adoption.  A  stubborn,  unyield 
ing  resistance  against  its  adoption,  had 
manifested  itself  in  some  of  the  most 
powerful  states  in  the  Union,  and  when 
overpowered  by  small  majorities  in 
their  Conventions,  had  struggled  in 
some  instances  successfully,  to  recover 
their  ascendancy,  by  electing  to  both 
Houses  of  Congress  members  who  had 
signalized  themselves  in  opposition  to 
the  adoption  of  the  Constitution.  A 
sullen,  embittered,  exasperated  spirit 
was  boiling  in  the  bosoms  of  the  de- 

O 

feated,  then  styled  anti-Federal  party, 
whose  rallying  cry  was  state  rights — 
state  sovereignty — state  independence. 
To  this  standard,  no  small  number 
even  of  the  ardent  and  distinguished 

O 

patriots  of  the  Revolution,  had  attached 
themselves  with  partial  affection.  State 
sovereignty,  unlimited  state  sovereign 
ty,  amenable  not  to  the  authority  of  the 
Union,  but  only  to  the  people  of  the 
disunited  state  itself,  had,  with  the  left- 
handed  wisdom  characteristic  of  fac 
tion,  assumed  the  mask  of  liberty, 
pranked  herself  out  in  the  garb  of  pat 
riotism,  and  courted  the  popular  favor 
in  each  state,  by  appeals  to  their  sep 
arate  independence  ;  affecting  to  style 
themselves  exclusively  Republicans, 
and  stigmatizing  the  Federalists,  and 
even  Washington  himself,  their  head, 
as  monarchists  and  tories.  On  the 


272 


ORGANIZATION   OF  THE   FEDERAL   GOVERNMENT. 


[BK.  IV. 


other  hand,  no  small  number  of  the 
Federalists,  sickened  by  the  wretched 
and  ignominious  failure  of  the  Articles 
of  Confederation  to  fulfil  the  promise 
of  the  Revolution ;  provoked  at  once 
and  discouraged  by  the  violence  and 
rancor  of  the  opposition  against  their 
strenuous  and  toilsome  endeavors  to 
raise  their  country  from  her  state  of 
prostration  ;  chafed  and  goaded  by  the 
misrepresentations  of  their  motives,  and 
the  reproaches  of  their  adversaries,  and 
imputing  to  them  in  turn,  deliberate 
and  settled  purposes  to  dissolve  the 
Union,  and  resort  to  anarchy  for  the 
repair  of  ruined  fortunes ;  distrusted 
even  the  efficacy  of-  the  Constitution 
itself,  and,  with  a  weakened  confidence 
in  the  virtue  of  the  people,  were  in 
clining  to  the  opinion,  that  the  only 
practicable  substitute  for  it,  would  be 
a  government  of  greater  energy  than 
that  presented  by  the  Convention. 
(See  p.  201.)  There  were  among  them 
numerous  warm  and  sincere  admirers 
of  the  British  Constitution;  disposed 
to  confide  rather  to  the  inherent  strength 
of  the  government,  than  to  the  self-evi 
dent  truths  of  the  Declaration  of  Inde 
pendence,  for  the  preservation  of  the 
rights  of  property,  and  perhaps  of  per 
sons  ;  and  with  these  discordant  feel 
ings  and  antagonizing  opinions,  were 
intermingled  on  both  sides  individual 
interests  and  ambitions,  counteracting 
each  other,  as  in  the  conduct  and  man 
agement  of  human  affairs  they  always 
have  and  always  will;  not  without  a 
silent  and  secret  mixture  of  collateral 
motives  and  impulses,  from  the  domes 
tic  intercourse  of  society,  for  which  the 
legislator  is  not  competent  to  provide, 


and  the  effect  of  which  not  intuition  it 
self  can  foresee."* 

Among  those  in  the  first  Congress, 
wTho  were  opposed  to  the  Constitution, 
were  a  number  clamorous  for  a  new 
Convention ;  and  even  the  most  mod 
erate  called  urgently  for  amendments 
of  what  had  been  ratified.  Two  states, 
North  Carolina  and  Rhode  Island,  still 
refused  to  accede  to  the  Constitution,  a 
course  which  was  equally  annoying  and 
embarrassing.  The  military  force  of 
the  United  States  was  less  than  six  hun 
dred  men;  while  not  only  difficulties 
existed  with  Spain  and  Great  Britain, 
on  a  variety  of  points,  but  the  north 
ern  Indians  between  the  Lakes,  the 
Mississippi  and  the  Ohio,  numbered 
five  thousand  men,  more  than  a  third 
of  whom  were  at  open  war  with  the 
United  States,  and  the  Creeks,  in  the 
south-west,  who  could  bring  six  thou 
sand  fiorhtinsr  men  into  the  field,  were 

O  O 

at  war  with  Georgia. 

The  commerce  of  the  country  was 
more  restricted,  than  when  it  had  form 
ed  part  of  the  British  empire.  A  treaty 
had  been  formed  with  the  emperor  of 
Morocco,  but  Algiers,  Tunis,  and  Trip 
oli,  plundered  the  unprotected  vessels 
of  America,  and  enslaved  all  who  fell 
into  their  hands.  With  neither  money 
to  purchase  exemption,  nor  a  naval 
force  to  command  respect,  the  position 
of  our  commerce  in  the  Mediterranean 
required  immediate  attention.  The 
jealousy  of  Spain,  we  have  spoken  of 
on  a  previous  page,  (see  p.  197,)  and 
her  attempts  to  impose  restrictions  on 
the  free  navigation  of  the  Mississippi, 

*  "  Jubilee  of  the  Constitution"  pp.  55-57. 


CH.  IV.] 


FOREIGN    RELATIONS. 


273 


roused  the  whole  West.  The  excite 
ment  consequent  upon  the  intricate 
and  embarrassing  disputes  with  Spain 
on  this  point,  and  also  respecting  boun 
daries,  called  for  the  utmost  watchful 
ness  and  prudence,  on  the  part  of  the 
executive. 

With  Great  Britain,  several  import 
ant  points  of  difference  existed.  The 
old  grudges  and  jealousies  of  the  war 
still  lived;  on  the  one  hand,  the  mother 
country  acted  in  a  way  the  least  likely 
to  conciliate  the  United  States ;  and, 
on  the  other,  our  countrymen,  looking 
upon  her  as  a  natural,  if  not  necessary 
enemy,  were  ready  to  take  offence  very 
easily,  and  were  eager  for  an  oppor 
tunity  to  retaliate.  The  British  gov 
ernment  steadily  refused  to  negotiate 
a  commercial  treaty  on  any  thing  like 
favorable  terms,  and  every  restriction 
which  was  possible,  was  interposed  on 
this  subject,  a  subject,  which  it  may 
well  be  believed,  was  most  deeply  im 
portant  to  the  interests  and  prosperity 
of  the  whole  country.  An  attempt  to 
form  a  commercial  treaty  with  Portu 
gal  failed,  it  was  confidently  thought, 
owing  to  the  adverse  influence 
of  Great  Britain ;  and  even 
the  piratical  onslaughts  of  the  Barbary 
corsairs,  and  the  bloody  incursions  of 
the  Indians,  were  attributed,  to  a  large 
extent,  to  the  machinations  of  the  same 
power. 

With  France,  the  most  friendly  re 
lations  existed,  and  there  was  a  strong 
disposition  to  encourage  trade  with  that 
country  in  preference  to  England.  The 
other  powers  of  Europe,  in  general,  were 
disposed  to  be  on  good  terms  with  the 
United  States,  and  avail  themselves  of 


17§9. 


the  advantages  to  their  trade  and  com 
merce,  which  were  held  out  by  the 
erection  of  a  new  and  flourishing  em 
pire  in  the  western  world.' 

Until  the  new  departments  were 
organized,  the  president  continued  to 
enjoy  the  services  of  John  Jay,  as 
foreign  secretary,  and  General  Knox,  as 
secretary  of  war,  while  the  treasury  was 
in  the  hands  of  a  Board  of  Commis 
sioners.  Washington,  with  that  con 
scientiousness  which  always  distinguish 
ed  him,  studied  diligently  the  various 
and  complicated  questions  which  arose 
out  of  his  new  and  untried  relations. 
He  obtained  full  reports  from  the  offi 
cers  who  had  been  in  charge  of  the  dif 
ferent  branches  of  the  administration  ; 
studied  and  condensed  them  with  his 
own  hand  ;  and  read  over,  with  scrup 
ulous  care,  the  voluminous  correspond 
ence  on  foreign  affairs,  dating  from  the 
peace  ;  making  abstracts  of  the  whole, 
so  as  to  fix  the  entire  course  which  had 
been  pursued,  as  well  as  every  point 
of  interest  and  moment,  firmly  in  his 
mind.* 

The  establishment  of  a  system  where 
by  an  adequate  revenue  should  be  ob 
tained  for  the  discharge  of  national  ob 
ligations,  was  so  manifestly  of  the  first 
concern,  that  Madison  proposed,  very 
early  in  the  session,  the  adoption  of 
that  system  of  imposts,  by  which  it 

*  Marshall  (vol.  ii.,  p.  156)  gives  an  account  of  the 
attempt  made  by  the  French  minister,  Count  de  Mou- 
stiers,  to  open  diplomatic  intercourse  with  the  pres 
ident  in  person,  and  not,  as  is  the  rule,  through  the 
secretary  of  state.  It  is  instructive  to  observe,  how 
effectually  Washington's  mingled  courtesy  and  firm 
ness  put  at  rest  the  question,  as  to  the  rank  which 
the  executive  holds  with  respect  to  the  ministers  of 
other  nations  accredited  to  the  United  States. 


ORGANIZATION   OF  THE  FEDERAL  GOVERNMENT. 


17§9. 


had  been  attempted,  without  success, 
under  the  Confederation,  to  obtain  a 
revenue  to  meet  the  demands  of  the 
nation's  creditors  at  home  and  abroad. 
The  plan  proposed  by  Mr.  Madison, 
was,  to  lay  specific  duties,  or 
duties  according  to  quantity,  on 
certain  articles,  such  as  spirituous  liquors, 
wines,  tea  and  coffee,  sugar  and  molas 
ses,  and  pepper ;  and  on  all  other  im 
portations,  an  ad  valorem  duty,  or  per 
centage  upon  their  actual  value.  It 
also  included  a  tax  upon  the  tonnage 
of  vessels;  American  vessels  being 
charged  at  a  lower  rate  than  those  of 
other  countries,  and  a  discrimination 
being  made  in  favor  of  those  nations 
which  had  entered  into  commercial 
treaties  with  the  United  States.  The 
debates  on  this  whole  subject,  in  the 
House,  were  very  animated,  and  great 
variety  of  opinion  was  expressed.  No 
part  of  the  system  was  discussed  more 
earnestly  and  warmly,  than  that  which 
proposed  to  make  discriminations  in 
favor  of  those  nations  with  whom  the 
United  States  had  formed  commercial 
treaties.  In  the  course  of  the  debate, 
opinions  and  feelings  with  respect  to 
foreign  powers  were  disclosed,  as  Mar 
shall  states,  which,  strengthening  with 
circumstances,  afterwards  agitated  the 
whole  American  continent. 

The  House,  by  a  small  majority, 
voted  to  make  this  discrimination ; 
but  the  Senate  refused  to  agree  to  the 
proposal,  and  expunged  the  discrimina 
tion  in  favor  of  the  tonnage  and  dis 
tilled  spirits  of  those  .  nations  having 
commercial  treaties  with  the  United 
States.  After  a  conference,  the  House 
reluctantly  gave  way,  and  the  discrim- 


ination  was  negatived.  The  Senate 
sitting,  at  the  time,  with  closed  doors, 
we  are  not  informed  of  the  arguments 
by  which  they  were  led  to  persist  in 
the  course  which  they  adopted. 

In  order  to  carry  forward  the  execu 
tive  affairs  of  the  country,  three  de 
partments  were  established,  viz.,  that 
of  foreign  affairs,  since  denominated 
the  department  of  state ;  that  of  the 
treasury ;  and  that  of  war ;  to  which  last 
was  added  whatever  might  appertain 
to  the  naval  concerns  of  the  United 
States. 

In  framing  the  acts  establishing  these 
departments,  a  debate  sprang  up,  which 
caused  much  excitement;  for 
the  question  then  discussed, 
was  at  the  time,  and  is  still,  believed  to 
have  involved  principles  of  the  utmost 
moment  to  the  stability,  well-being,  and 
proper  working  of  the  federal  govern 
ment.  The  Constitution  declared,  that, 
"  by  and  with  the  advice  and  consent 
of  the  Senate,"  the  president  should 
have  power  to  appoint  the  necessary 
officers  in  the  various  departments 
named  in  the  second  Article  ;  but  it 
was  entirely  silent  on  the  very  im 
portant  point,  as  to  where  the  power 
of  removal  was  lodged.  This  matter, 
it  may  be  here  stated,  does  not  appear 
to  have  been  agitated  at  all  in  the  Fed 
eral  Convention. 

Immediately  the  members  of  Con 
gress  took  sides  on  the  question.  On 
the  one  hand,  it  was  urged,  that,  as  the 
advice  and  consent  of  the  Senate  were 
necessary  to  the  appointment,  so,  by 
parity  of  reasoning,  the  same  advice 
and  consent  were  necessary  to  the 
removal  of  executive  officers;  on  the 


CH.  I  V.I 


THE  POWER   OF  REMOVAL. 


other,  it  was  said,  with  great  force, 
that,  as  the  president  was  sworn  to  see 
the  laws  faithfully  executed,  so  it  was 
imperative,  that  he  should  be  untram 
melled  in  the  removal,  for  what  seem 
ed  to  him  good  cause,  of  any  and  every 
executive  officer. 

On  the  one  side,  it  was  asserted,  that 
this  power  was  of  the  nature  of  mon 
archical  prerogative ;  that  it  was  very 
dangerous,  especially  in  the  hands  of 
an  ambitious  president ;  that  it  would 
reduce  the  executive  officers  to  a  ser 
vile  dependence  upon  the  caprice,  or 
otherwise  of  the  president ;  and  that 
as  the  Constitution  was  silent  on  the 
question,  it  was  contrary  to  sound  pol 
icy,  as  well  as  inconsistent  with  the 
principles  of  a  free  government,  to 
give,  by  construction,  such  power  to 
any  one  individual. 

On  the  part  of  those  who  took  the 
opposite  view,  it  was  argued,  that  if 
the  power  of  removal  was  divided  be 
tween  the  president  and  Senate,  re 
sponsibility  would  be  destroyed,  and 
the  benefits  expected  from  its  exercise, 
in  a  great  measure,  lost.  Secrecy  and 
dispatch  were  often  necessary  to  secure 
and  preserve  the  public  interest.  Facts 
relative  to  the  mal-conduct  of  an  officer, 
might  come  to  the  knowledge  of  the 
president,  rendering  an  immediate  re 
moval  indispensable  ;  and  the  delay  in 
convening  the  Senate,  might  be  fatal  to 
the  best  interests  of  the  community. 
In  answer  to  the  objection,  that  this 
power  would  be  liable  to  great  abuse, 
in  the  hands  of  an  individual,  it  was 
said,  that  all  power  wherever  placed, 
was  liable  to  this  objection;  but  that 
the  mode  of  choosing  the  chief  magis 


trate  would  ensure  the  election  of  an 
individual  of  integrity  as  well  as  tal 
ents;  and  that  the  tenure  of  office 
would  be  as  secure,  and  the  liberties  of 
the  people  as  safe,  in  the  hands  of  a 
president  thus  chosen,  as  with  the  pres 
ident  and  Senate  in  conjunction.  It 
was  further  urged,  that  with  respect  to 
removals  from  whim,  caprice,  or  any 
unworthy  motives,  sufficient  checks 
were  provided  against  so  wanton  an 
abuse  of  this  power,  for  though  it  was 
possible  that  a  meritorious  officer  might 
be  removed  to  make  way  for  a  favorite 
or  dependent  of  the  president,  still  he 
could  not  supply  the  vacanc}^  without 
the  assent  of  the  Senate.  Mr.  Madison 
also,  with  other  members,  declared  that 
were  the  president  to  venture  'upon 
such  abuse  of  his  prerogative,  he  would 
subject  himself  to  impeachment  and 
removal  from  his  own  high  trust.  Mr. 
Baldwin,  Mr.  Benson,  Mr.  Lawrence, 
and  others  in  the  House,  agreed  with 
Mr.  Madison  in  the  views  which  he  ad 
vocated  ;  while  equally  eminent  states 
men,  as  Mr.  Sherman  and  Mr. 
Gerry,  took  the  opposite  ground. 
Finally,  the  question  was  settled  in  the 
House  by  a  majority  of  twelve,  first,  by 
an  amendment  to  the  second  clause  in 
the  bill,  so  as  clearly  to  imply  the 
power  of  removal  to  be  solely  in  the 
president,  and  then  by  striking  out  the 
whole  clause  which  had  been  under 
debate,  thus  leaving  the  president  to 
exercise  the  power  as  a  constitutional 
privilege.* 

When  the  question  first  came  before 

*  See  Senator  Benton's  "Al>rifl(irmcnt  of  the  De 
lates  of  Congress,''  vol.  i.  pp.  85-90,  and  102-108. 


17*9. 


276 


ORGANIZATION   OF  THE  FEDERAL  GOVERNMENT. 


[BK.  IV. 


the  Senate,  in  July,  on  the  bill  estab 
lishing  the  department  of  Foreign  Af 
fairs,  some  of  the  members  were  absent, 
and  that  body  Avas  equally  divided, 
nine  against  nine,  and  the  casting  vote 
was  given  by  John  Adams,  the  vice- 
president.  On  a  subsequent  bill,  there 
was  a  majority  of  two  in  favor  of  the 
same  construction.  That  it  might  not 
be  considered  a  grant  of  power  by 
Congress,  the  law  was  so  worded  as  to 

O 

imply  a  constitutional  power  already  ex 
isting  in  the  president^  the  expressions 
being,  "  that  whenever  the  secretary 
shall  be  removed  by  the  president  of 
the  United  States,"  &c. 

There  can  be  no  doubt  that  this  is  a 
grave  question,  and  also  not  altogether 
easy  of  solution.  A  great  deal  has 
been  said  on  the  subject  by  men  emi 
nent  for  their  knowledge  and  their  pat 
riotism,  and  it  is  still  open  to  dispute, 
whether  or  not  the  first  Congress  de 
cided  wisely  and  rightly  on  this  im 
portant  question. 

Hamilton  began  the  seventy-seventh 
number  of  the  Federalist,  by  saying: 
"  It  has  been  maintained,  as  one  of  the 
advantages  to  be  expected  from  the 
co-operation  of  the  Senate,  in  the  busi 
ness  of  appointments,  that  it  would 
contribute  to  the  stability  of  the  ad 
ministration.  The  consent  of  that 
body  would  be  necessary  to  displace, 
as  well  as  to  appoint.  A  change  of  the 
chief  magistrate,  therefore,  would  not 
occasion  so  vehement  or  general  a  revo 
lution  in  the  officers  of  the  government, 
as  might  be  expected,  if  he  were  the 
sole  disposer  of  offices.  When  a  man, 
in  any  situation,  had  given  satisfactory 
evidence  of  his  fitness  for  it,  a  new 


president  would  be  restrained  from  at 
tempting  a  change,  in  favor  of  a  person 
more  agreeable  to  him,  by  the  appre 
hension,  that  the  discountenance  of  the 
Senate  might  frustrate  the  attempt, 
and  bring  disci-edit  upon  himself.  Those 
who  can  best  estimate  the  value  of  a 
steady  administration,  will  be  most  dis 
posed  to  prize  a  provision  which  con 
nects  the  official  existence  of  public 
men  with  the  approbation  or  disappro 
bation  of  that  body,  which,  from  the 
greater  permanency  of  its  own  com 
position,  will,  in  all  probability,  be 
less  subject  to  inconstancy  than  any 
other  member  of  the  government." 

Justice  Story,  in  his  Exposition  of 
the  Constitution,  after  noticing  the  fact, 
that  the  first  Congress,  jealous  as  it  was 
of  executive  power,  nevertheless  de 
cided  in  the  manner  above  related,  goes 
on  to  state,  that  this  doctrine  has  ever 
since  prevailed  in  practice,  "and  the 
president  is  accordingly  now  permit 
ted  to  exercise  the  power  of  remo 
val,  without  any  restraint  from  the 
Senate,  although  the  Constitution,  in 
the  enumeration  of  his  powers,  is  wholly 
silent  on  the  subject.  If  we  connect 
this  power  of  removal,  thus  practically 
expounded,  with  another  power,  which 
is  given  in  the  succeeding  clause,  to  fill 
up  vacancies  in  the  recess  of  the  Senate, 
the  chief  guards  intended  by  the  Con 
stitution  over  the  power  of  appoint 
ment,  may  become  utterly  nugatory. 
A  president  of  high  ambition  and  fee 
ble  principles,  may  remove  all  officers, 
and  make  new  appointments  in  the  re 
cess  of  the  Senate ;  and  if  his  choice 
should  not  be  confirmed  by  the  Senate, 
he  may  reappoint  the  same  persons  in 


CH.  IV.] 


DANGER  OF  EXECUTIVE  POWER, 


277 


the  recess,  and  thus  set  at  defiance  the 
salutary  check  of  the  Senate  in 

1789. 

all  such  cases." 

Mr.  Hale*  terms  it  "a  question  of 
surpassing  importance,"  which  was  then 
discusbed  and  decided  ;  and  after  giving 
an  abstract  of  the  views  on  either  hand, 
says,  "Nothing  so  closely  assimilates 
our  government  to  the  monarchies  of 
Europe  as  the  construction,  doubtful  at 
least,  tlviis  given  to  the  Constitution." 
Pitkin,  who  devotes  a  number  of 
pages  to  this  topic,  speaks  with  consid 
erable  feeling  of  the  dangerous  ten 
dency  of  executive  power  and  influence. 
His  remarks  are  worth  consulting. 

O 

The  grandson  of  John  Adams  points 
attention  to  the  peculiar  and  highly 
important  character  of  the  question 
which  co.  .ne  before  the  Senate,  of  which 
the  vice  president  of  the  United  States 
is  presid/mt.  Describing  it  as  an  anom 
aly  that  the  president  may,  as  a  last 
resort,  be  brought  for  trial  before  a 
body  7/hich  have  the  power  to  refuse 
hijji  '/i'.e  officers  he  may  choose,  he  fur 
ther  says,  "  if  in  addition  to  this,  the 
power  of  displacing  such  as  he  found 
wiworthy  of  trust,  had  been  subjected 
!/)  the  same  control,  it  cannot  admit  of 
\  doubt,  that  the  government  must,  in 
she  course  of  time,  have  become  an 
oligarchy,  in  which  the  president  would 
sink  into  a  mere  instrument  of  any  fac 
tion  that  might  happen  to  be  in  the 
ascendant  in  the  Senate.  This,  too,  at 
the  same  time  that  he  would  be  sub 
ject  to  be  tried  by  them  for  offences 
in  his  department,  over  which  he  could 
exercise  no  effective  restraint  whatever. 

*  "History  of  the   United  States,"  vol.  ii ,  pp.  103  4.. 
VOL.  II.— 35 


In  such  a  case,  the  alternative  is  inev 
itable,  either  that  he  would  have  be 
come  a  confederate  with  that  faction, 
and  therefore  utterly  beyond  the  reach 
of  punishment  by  impeachment  at  their 
hands,  for  offences  committed  with  their 
privity,  if  not  at  their  dictation,  or  else, 
in  case  of  his  refusal,  that  he  would 
have  been  powerless  to  defend  himself 
against  the  paralyzing  operation  of  their 
ill-will."*  Other  authorities  might  be 
cited  with  reference  to  this  point ;  but 
it  is  unnecessary  in  this  place,  and  our 
limits  do  not  admit  of  extended  dis 
cussion. 

In  the  bill  establishing  the  treasury 
department,  was  a  clause  making  it  the 
duty  of  the  secretary  "to  digest  and 
report  plans  for  the  improvement  and 
management  of  the  revenue,  and  for 
the  support  of  public  credit."  It  was 
moved,  that  this  clause  be  stricken  out, 
on  the  ground  that  it  was  an 
infringement  on  the  constitu 
tional  privileges  of  the  House  to  per 
mit  the  secretary  to  go  further  than  to 
prepare  estimates,  and  a  great  deal  of 
unnecessary  sensitiveness  was  manifest 
ed,  lest  such  a  course  might  lead  to  the 
introduction  of  monarchical  arrange 
ments  and  practices.  Certainly,  as  was 
said  in  reply,  it  was  carrying  Congres 
sional  dignity  to  an  extreme,  when  it 
refused  to  receive  any  information  but 
such  as  originated  with  itself.  After 
a  full  discussion,  the  amendment  was 
rejected. 

During  the  session,  the  attention  of 


17§9. 


*  "  Life  and  Works  of  John  Adams,"  vol.  i.,  p.  448. 
See  also  John  Quincy  Adams's  "Jubilee  of  the  Con 
stitution,'1'1  p.  78. 


278 


ORGANIZATION   OF  THE  FEDERAL   GOVERNMENT. 


[BK.  IV. 


1789. 


the  House  was  claimed  by  the  numer 
ous  amendments  to  the  Constitution, 
which  many  of  the  ratifying  states  had 
bound  upon  their  representatives  to 
urge  at  an  early  day  upon  Congress. 
These  amendments,  when  counted  up 
from  all  quarters,  were  found  to  amount 
to  two  hundred  and  one ;  but  as  many 
of  them  were  mere  repetitions,  more 
or  less  exact,  there  were  not  more 
than  fifty  or  sixty  which  demanded  the 
consideration  of  the  House.  "  To  meet 
the  various  ideas  expressed  by  the  sev 
eral  State  Conventions,"  as  Marshall 
says ;  "  to  select  from  the  mass 
of  alterations  which  they  had 
proposed,  those  which  might  be  adopt 
ed  without  stripping  the  government 
of  its  necessary  powers ;  to  condense 
them  into  a  form  and  compass  which 
would  be  acceptable  to  persons  dis 
posed  to  indulge  the  caprice,  and  to 
adopt  the  language  of  their  particular 
states;  were  labors  not  easily  to  be  ac 
complished."  Madison  introduced  the 
amendments  to  the  House,  and  they 
were  referred  to  a  committee  of  one 
member  from  a  state,  with  general  in 
structions.  After  long  debates,  and 
various  alterations,  a  majority  of  two- 
thirds  was  obtained  in  favor  of  seven 
teen  of  the  fifty  or  sixty  submitted  to 
the  House.  The  Senate  took  up  these, 
and  in  the  end  reduced  the  number  to 
twelve,  which  were  laid  before  the 
several  legislatures  for  their  approval. 
Ten  of  the  articles  proposed  by  Con 
gress  were,  in  due  time,  ratified  by  the 
constitutional  majority  of  the  states. 
Those  relating  to  the  number  of  the 

O 

House  of  Representatives,  and  to  com 
pensation  for  the  services  of  the  mem 


bers  of  the  national  legislature,  were 
rejected. 

Whilst  the  House  was  busily  occu 
pied  in  its  multifarious  duties,  the 
Senate  took  up  the  extensive  and  im 
portant  subject  of  the  National  Judici 
ary.  Mr.  Ellsworth  was  chairman  of 
the  committee  who  prepared  the  bill 
establishing  a  supreme  court,  and  cir 
cuit  and  district  courts.  The  district 
courts  were  to  consist  of  one  judge  in 
each  state.  The  states  were  divided 
into  circuits,  in  each  of  which  one  of 
the  judges  of  the  supreme  court,  and 
the  district  judge  of  the  state,  in  which 
the  court  was  held,  constituted  the  cir 
cuit  courts.  In  certain  cases  this  court 
had  original  jurisdiction,  and  also  took 
cognizance  of  appeal  from  the  district 
courts.  The  supreme  court  was  com 
posed  of  a  chief  justice,  and  five  asso 
ciate  judges,  and  was  to  hold  two  ses 
sions  annually,  at  the  seat  of  govern 
ment.  This  court  had  exclusive  juris 
diction  in  certain  cases,  and  appellate 
jurisdiction  from  the  circuit  courts,  and 
also  from  the  state  courts,  in  cases 
where  the  validity  of  treaties  and  the 
laws  of  the  United  States  were  drawn 
into  question.  This  organization  of  the 
National  Judiciary  has  remained  sub 
stantially  the  same  to  the  present  time. 

Various  other  subjects  were  consider 
ed  and  debated  during  the  present  ses 
sion,  on  one  of  which  Congress 
was  nearly  equally  divided,  viz.: 
that  which  designated  the  place  for  the 
permanent  seat  of  government.     The 
members  differed  much  in  sentiment, 
some  urging  strongly  the  banks  of  the 
Susquehannah ;  others,  with  equal  force, 
pressing  the  claims  of  the  vicinity  of 


Cn.  IV.] 


WASHINGTON'S   CABINET. 


270 


the  Potomac.  The  question  was  left 
unsettled  at  the  time,  and  came  up  at 
the  next  session  of  Congress. 

Considerable  difficulty  was  expe 
rienced  in  fixing  the  salaries  of  the 
president,  vice-president,  members  of 
Congress,  and  other  officers  of  the 
government.  The  president's  salary 
was  settled  at  $25,000  per  annum  ;  that 
of  the  vice-president,  at  $5,000.  The 
heads  of  departments  were  allowed 
$3,500  ;  the  chief  justice  of  the  supreme 
court,  $4,000;  and  the  associate  judges 
$3,500.  The  members  of  the  House  of 
Representatives  were  to  receive  six 
dollars  per  day,  and  six  dollars  for 
every  twenty  miles'  travel ;  and  the 
Senators  were  likewise  to  receive  seven 
dollars  per  day,  and  at  the  same  rate 
for  every  twenty  miles'  travel.* 

The  states  of  North  Carolina  and 
Rhode  Island,  having  refused  to  adopt 
the  Constitution,  were  not  a  part  of 
the  Union,  and  of  course,  not  subject 
to  its  laws.  In  their  intercourse  with 
the  United  States,  therefore,  they  were 
considered  in  some  respects,  as  foreign 
states.  By  the  law  for  the  collection 
of  duties,  all  goods  imported  from 
these  states,  except  those  of  their  own 
growth  or  manufacture,  were  subject 
to  foreign  duties.  Towards  the  close 
of  the  session,  however,  on  the -applica 
tion  of  individuals  belonging  to  these 
states,  their  vessels  wrere  placed  on  the 
same  footing  with  those  of  the  United 
States,  until  the  15th  of  January,  1790. 

The  government  having  now  been 


*  For  the  debate  on  this  subject,  see  Benton's 
"Abridgement  of  the  Debates  of  Congress"  vol.  i.,  pp. 
116-133. 


17§9. 


completely  organized,  Washington  was 
called  upon,  toward  the  close  of  Sep 
tember,  to  discharge  the  very  difficult 
and  delicate  duty  of  filling  the 
various  important  offices  which 
had  been  created.  The  'reader,  we 
presume,  does  not  need  to  be  told, 
that  the  president  acted  in  this,  as  in 
every  thing,  with  the  highest  consci 
entiousness,  and  with  the  utmost  im 
partiality,  so  as  to  bring  into  the  ser 
vice  of  the  country,  the  men  of  the 
best  talents,  the  greatest  weight  of 
character,  and  the  fullest  guarantees 
of  their  patriotism.* 

Thomas  Jefferson,  a  man  of  great 
political  sagacity,  and  well  known  to 
his  countrymen,  was  about  to  return 
from  France,  and  reached  the  United 
States  near  the  close  of  the  year.  He 
was  offered  the  post  of  secretary  of 
state.  u  This  appointment,"  to  use  Jef 
ferson's  words, — "  I  received  with  real 
regret.  My  wish  had  been  to  return 
to  Paris,  where  I  had  left  my  house 
hold  establishment,  as  if  there  myself; 
and  to  see  the  end  of  the  Revolution, 
which  I  then  thought  would  be  cer 
tainly  and  happily  closed  in  less  than 
a  year.  I  then  meant  to  return  home, 
to  withdraw  from  political  life,  into 
which  I  had  been  impressed  by  the  cir 
cumstances  of  the  times,  to  sink  into 
the  bosom  of  my  family  and  friends, 
and  devote  myself  to  studies  more  con 
genial  to  my  mind.  In  my  answer  I 
expressed  these  dispositions  candidly 

*  For  the  rules  which  "Washington  adopted,  in 
making  appointments  to  offices,  see  his  letttr  on  the 
subject,  Sparks's  "Life  of  Washington,''  pp.  418,  19. 
In  view  of  our  later  history,  this  letter  is  suggestive 
of  many,  and  by  no  ir  cans  pleasant  reflections. 


280 


ORGANIZATION   OF  THE  FEDERAL   GOVERNMENT. 


[BK.  IV. 


to  the  president,  and  my  preference  of 
a  return  to  Paris ;  but  assured  him  that 
if  it  was  believed  I  could  be  more  use 
ful  in  the  administration  of  the  govern 
ment,  I  would  sacrifice  rny  own  inclina 
tions  without  hesitation,  and  repair  to 
that  destination ;  this  I  left  to  his  de 
cision.  At  Monticello,  I  received  a 
second  letter  from  the  president,  ex 
pressing  his  continued  wish  that  I 
should  take  my  station  there,  but  leav 
ing  me  still  at  liberty  to  continue  in 
my  former  office,  if  I  could  not  recon 
cile  myself  to  that  now  proposed.  This 
silenced  my  reluctance,  and  I  accepted 
the  new  appointment."  It  was  not, 
however,  till  the  latter  part  of  March, 
in  the  following  year,  that  Jefferson 
reached  New  York,  and  entered  upon 
his  duties. 

Alexander  Hamilton  was  placed  at 
the  head  of  the  Treasury  Department. 
His  transcendent  ability,  we  have  be 
fore  spoken  of;  the  warm  personal  re 
gard  which  Washington  entertained 
for  him  on  account  of  his  manifold  and 
noble  qualities  of  mind  and  heart,  and 
the  clear  conviction  of  the  president, 
that,  though  yet  quite  young,  he  was 
one  of  the  maturest  statesmen  in  the 
land,  rendered  it,  in  every  point  of 
view,  desirable  that  he  should  become 
a  member  of  the  cabinet.  In  the  same 
department,  Nicholas  Eveleigh  was  ap 
pointed  comptroller;  Oliver  Wolcott, 
auditor;  and  Joseph  Nourse,  register. 

General  Knox,  who  was  already  dis 
charging  the  duties  of  the  post,  was  nom 
inate  d  secretary  of  war.  His  numerous 
public  services,  and  his  undoubted  ability 
and  integrity,  excellently  fitted  him  for 
the  station  to  which  he  was  appointed. 


Edmund  Randolph  was   chosen  by 
the  president  as  attorney-general.     His 
reputation  as  a  lawyer,  and  the  rank 
which  he  attained  as  governor  of  Vir 
ginia,  and  a  prominent  member 
of  the  Convention  which  adopt 
ed  the  Constitution,  pointed  him  out 
as  admirably  qualified  for  the  post  to 
which  he  was  advanced. 

These  formed  the  cabinet  of  Wash 
ington,  and  in  its  selection,  he  was 
guided,  to  some  extent,  by  public  esti 
mation  of  the  men  he  had  named,  as 
well  as  by  his  own  conviction  of  their 
undoubted  merit  and  ability. 

Acting  upon  the  same  high  prin 
ciples  which  had  governed  him  in 
these  appointments,  Washington  named 
John  Jay,  as  chief' justice.  The  pre 
eminent  ability,  integrity,  and  patriot 
ism,  and  the  pure  moral  character  of 
this  distinguished  jurist,  rendered  him, 
in  all  points  of  view,  most  admirably 
adapted  for  this  elevated  and  import 
ant  post.  In  giving  notice  to  Mr.  Jay 
of  his  appointment,  Washington  wrote : 
"  I  have  full  confidence  that  the  love 
which  you  bear  to  our  country,  and  a 
desire  to  promote  the  general  happi 
ness,  will  not  suffer  you  to  hesitate  a 
moment  to  bring  into  action  the  tal 
ents,  knowledge,  and  integrity,  which 
are  so  necessary  to  be  exercised  at  the 
head  of  that  department,  which  must 
be  considered  the  key-stone  of  our  po 
litical  fabric.  William  Gushing,  of  Mas 
sachusetts  ;  James  Wilson,  of  Pennsyl 
vania;  Robert  H.  Harrison,  of  Mary 
land;  John  Blair,  of  Virginia;  and 
John  Rutledge,  of  South  Carolina ;  all 
of  them,  men  of  distinction  in  the  com 
munity,  were  nominated  as  associate 


Cn.  IV.] 


THE  NEW   GOVERNMENT. 


281 


justices.  The  choice  of  these  gentle 
men,  as  associates  with  Mr.  Jay,  was,  as 
Mr.  Sparks  says,  "  fortunate,  and  the 
court  assumed  a  respectability  and 
weight  suited  to  the  rank  conferred 
upon  it  by  the  Constitution."* 

Just  before  the  close  of  the  .session, 
two  resolutions  were  passed  ;  the  one 
declaring,  "  that  the  House  considered 
an  adequate  provision  for  the  support 
of  public  credit,  as  a  matter  of  high 
importance  to  the  national  honor  and 
prosperity  ;"  the  other,  directing  "  the 
secretary  of  the  treasury,  to  prepare  a 
plan  for  that  purpose,  and  to  report  the 
same  to  the  House  at  its  next  meeting." 
Beside  giving  attention  to  the  support 
of  public  credit,  Congress  was  also  not 
unmindful,  that  the  people  of  the 
United  States  owed  the  blessings  they 
now  enjoyed  to  that  Supreme  Being, 
who  guides  and  directs  the  aftairs  of 
men  and  nations  ;  and  that  it  was  their 
duty  publicly  to  acknowledge  the  source 
from  whence  those  blessings  flowed. 
The  president,  therefore,  by  a  resolu 
tion  of  both  Houses  of  Congress,  was 

O 

requested  to  recommend  to  the  people 
of  the  United  States,  a  day  of  public 
thanksgiving  and  prayer,  to  be  ob 
served,  "  by  acknowledging  with  grate- 

*  Marshall,  in  his  notices  of  the  distinguished  men 
who  served  their  country  at  the  organization  of  the 
government,  takes  occasion  to  speak  of  the  vice-pres 
ident  in  terms  of  praise:  "As  a  statesman,  this  gen 
tlemen  had  always  ranked  high  in  the  estimation  of 
his  countrymen.  He  had  improved  a  sound  under 
standing  by  extensive  political  and  historical  read 
ing;  and  perhaps  no  American  had  reflected  more 
profoundly  on  the  science  of  government.  The  ex 
alted  opinion  he  entertained  of  his  own  country  was 
flattering  to  his  fellow-citizens;  and  the  purity  of  his 
mind,  the  unblemished  integrity  of  a  life  spent  in  the 
public  service,  had  gained  their  confidence." 


17*9. 


ful  hearts,  the  many  and  signal  favors 
of  Almighty  God,  especially  by  af 
fording  them  an  opportunity 
peaceably  to  establish  a  consti 
tution  of  government  for  their  safety 
and  happiness." 

After  a  long  and  busy  session,  du 
ring  which,  as  Marshall  states, "  perfect 
harmony  subsisted  between  the  execu 
tive  and  the  legislature,  and  no  circum 
stance  occurred  which  threatened  to 
impair  it,"  Congress,  on  the  29th  of 
September,  adjourned  to  the  first  Mon 
day  in  January,  1790. 

With  an  extract  from  one  of  Wash 
ington's  letters,  written  a  few  months 
later,  we  close  the  present  chapter: 
"  That  the  government,  though  not  ac 
tually  perfect,  is  one  of  the  best  in  the 
world,  I  have  little  doubt.  I  always 
believed,  that  an  unequivocally  free 
and  equal  representation  of  the  people 
in  the  legislature,  together  with  an  effi 
cient  and  responsible  executive,  was 
the  first  pillar  on  which  the  preserva 
tion  of  American  freedom  must  de 
pend.  It  was  indeed  next  to  a  mir 
acle,  that  there  should  have  been  so 
much  unanimity  in  points  of  such  im 
portance,  among  such  a  number  of  citi 
zens,  so  widely  scattered,  and  so  differ 
ent  in  their  habits  in  many  respects, 
as  the  Americans  were.  Nor  are  the 
growing  unanimity  and  increasing  good 
will  of  the  citizens  to  the  government, 
less  remarkable  than  favorable  circum 
stances.  So  far  as  we  have  gone  with 
the  new  government,  (it  is  completely 
organized,  and  in  operation,)  we  have 
had  greater  reason  than  the  most  san 
guine  could  expect  to  be  satisfied  with 
its  success." 


282 


ACTION   OF  THE  FIRST  CONGRESS. 


[En.  IV. 


CHAPTER    V. 

1789-1701, 

ACTION      OF     THE      FIRST      CONGRESS. 

Washington  visits  New  England — North  Carolina  joins  the  Union  —  Congress  reassembles — Washington's  speech 

—  The   national  debt — Hamilton's  report  —  Plan  proposed  —  Debate  on  the  subject — Abstract  of  the  discus 
sion  on  the  assumption  of  the  state  debts — Question  settled,  by  compromising  with  those  who  wished  the  seat 
of  government  to  be  located  on  the  Potomac —  Plan  finally  adopted  —  Measures  taken  to  provide  for  the  payment 
of  the  national  debt  —  Effect  produced — Other  matters  before  Congress  —  Dr.  Franklin's  death  —  Rhode  Island 
joins  the  Union — Foreign  influence  exerted  over  the  Indians  —  Treaty  of  peace  with  the  Creeks — Hostilities 
in  the  north-west  —  Gouverneur  Morris  and  English  ministry  —  Result  of  Mr.  Morris's  labors  —  Acts  of  the  third 
session  of  Congress — Washington's  speech —  fax  on  ardent  spirits  distilled  in  the  United  States  —  Sharp  debate 

—  Bill  to  incorporate  the  Bank  of  the  United  States — Debate  —  Question  of  constitutionality  —  Bill  passed  — 
Object  of  the  Bank,  its  capital,  duration,  etc.  —  Debate  in  the  cabinet  on  the  constitutional  question  —  Vermont 
admitted  into  the  Union  —  The  census  of  1790 — Close  of  the  session  —  Marshall's  remarks.     AWENDIX  TO  CUAP- 
TEK  V.     Was,  or  was  not  the  creation  of  the  Bank  of  the  United  States,  a  constitutional  act  ? 


17§9. 


DURING  the  recess  of  Congress,  Wash 
ington,  who  had  been  seriously  ill  in 
June,*  determined  to  avail  himself  of 
the  opportunity  to  make  a  tour  through 
the  eastern  states  ;  and  it  was  his  hope, 
both  to  observe  the  growing  prosper 
ity  of  the  people,  and  also  to  effect  a 
complete  restoration  of  his  im 
paired  health  and  strength.  He 
set  out  on  the  15th  of  October,  accom 
panied  by  Mr.  Lear,  and  Mr.  Jackson, 
his  secretaries,  and  travelling  in  his 


*  "  It  was  a  case  of  anthrax ;  so  malignant,  as  for 
several  days  to  threaten  mortification.  On  one  oc 
casion,  being  left  alone  with  Dr.  Bard,  General  Wash 
ington,  looking  steadfastly  in  his  face,  desired  his  can- 
3id  opinion,  as  to  the  probable  termination  of  the 
disease;  adding,  with  that  placid  firmness  which 
marked  his  address:  'Do  not  flatter  me  with  vain 
hopes ;  I  am  not  afraid  to  die,  and  therefore  can  bear 
the  worst.'  Dr.  Bard's  answer,  though  it  expressed 
hope,  acknowledged  his  apprehensions.  The  pres 
ident  replied,  'Whether  to-night,  or  twenty  years 
hence,  makes  no  difference ;  I  know  that  I  am  in  the 
hands  of  a  good  Providence.'  " — Rev.  Professor  Mc- 
Vickar's  "  Life  of  Dr.  Samuel  £ard,"  p.  136. 


own  carriage,  proceeded  by  way  of 
New  Haven,  Hartford,  Worcester,  Bos 
ton,  Salem,  and  Newburyport,  as  far  as 
Portsmouth,  in  New  Hampshire.  Re 
turning  by  a  different  route  through 
the  interior,  he  reached  New  York  on 
the  13th  of  November. 

Washington  had  every  reason  to  be 
gratified  with  this  visit.  Apart  from 
the  stirring  memories  of  other  and 
darker  days,  he  could  not  but  be  moved 
by  the  universal  enthusiasm  of  the 
people.  They  crowded  round  him  by 
thousands,  wherever  he  appeared,  and 
every  possible  mark  of  respect  and 
veneration  was  bestowed  upon  him. 
They  vied  with  each  other  in  the  dis 
play  of  hospitality ;  and  parents  brought 
their  children  to  look  with  wondering 
and  loving  eyes  upon  the  great  and 
good  man,  whose  name  can  never  die. 

Soon  after  his  return  to  New  York, 
Washington  learned  that  General  Lin 
coln,  Mr.  Griffin,  and  Colonel  Hum- 


CH.  V.] 


WASHINGTON'S   OPENING  SPEECH. 


283 


phreys,  who  had  been  deputed  to  treat 
with  the  Creek  Indians,  had  not  been 
successful  in  their  negotiations.  They 
had  met  M'Gillivray,  with  other  chiefs, 
and  about  two  thousand  men,  at  Rock 
Landing,  on  the  frontiers  of  Georgia; 
but  M'Gillivray,  who  was  probably  in 
fluenced  very  much  by  his  Spanish 
connections,  abruptly  broke  off  the  ne 
gotiation.  As  a  compensation  for  this 
unpleasant  •  news,  the  president  was 
greatly  gratified,  by  receiving  intelli 
gence,  that  North  Carolina,  on  the  21st 
of  November,  had  ratified  the  Consti 
tution,  and  thus  become  one  of  the 
United  States  of  America.* 

On  the  8th  of  January,  1790,  Con 
gress  reassembled.  In  his  speech, 
which  was  delivered  from  the  chair  of 
the  vice-president,  Washington 
spoke  of  the  general  prosperity 
of  the  country,  and  recommended  a 
number  of  important  objects  to  their 
consideration.  Providing  for  the  com 
mon  defence  was  urged  upon  the  at 
tention  of  Congress.  u  To  be  prepared 
for  war,  is  one  of  the  most  effectual 
means  of  preserving  peace.  A  free 
people  ought  not  only  to  be  armed, 
but  disciplined;  to  which  end,  a  uni- 


17»0. 


*  As  matters  of  general  interest,  we  may  mention 
here,  that  the  principal  exports  from  the  New  Eng 
land  states  were  provisions,  lumber,  and  pot  and 
pearl  ashes.  Wheat  was  the  staple  commodity  of  the 
middle  states;  and  Indian  corn,  tobacco,  rice,  and 
cotton,  were  exported  from  the  southern  states.  The 
whole  amount  of  exports  from  the  United  States,  in 
the  year  1789,  amounted  to  $16,000,000.  The  chief 
manufactories  were  those  of  iron,  leather,  skins  and 
paper,  which  were  extensively  established  in  various 
parts  of  the  United  States.  Woollen  cloths  were  also 
manufactured  in  some  of  the  states;  and  commerce 
to  a  considerable  extent  was  carried  on  with  Europe, 
and  the  East  and  West  Indies. 


form  and  well-digested  plan  is  requi 
site  ;  and  their  safety  and  interest  re 
quire  that  they  should  promote  such 
manufactories  as  tend  to  render  them 
independent  on  others  for  essential,  par 
ticularly  for  military  supplies."  Sug 
gesting  the  propriety  of  providing  the 
means  of  keeping  up  their  intercourse 
with  foreign  nations,  and  the  expedi 
ency  of  establishing  a  uniform  rule  of 
naturalization,  and  expressing  his  con 
fidence  in  their  attention  to  many  im 
provements  essential  to  the  prosperity 
of  the  interior,  the  president  commend 
ed  to  their  care,  the  promotion  of  lit 
erature  and  science.  "  Knowledge,"  he 
added,  "  is,  in  every  country,  the  surest 
basis  of  public  happiness.  In  one  in 
which  the  measures  of  government  re 
ceive  their  impression,  so  immediately 
from  the  sense  of  the  community,  as 
in  ours,  it  is  proportionably  essential." 
"  Whether  this  desirable  object  will  be 
best  promoted,  by  affording  aids  to 
seminaries  of  learning  already  estab 
lished,  by  the  institution  of  a  national 
university,  or  by  other  expedients,  will 
be  well  worthy  of  a  place  in  the  delib 
erations  of  the  legislature."  After  al 
luding  to  the  necessity  of  giving  ear 
nest  attention  to  the  providing  an 
efficient  system  for  the  support  of  pub 
lic  credit,  Washington  closed  his  open 
ing  speech.  Both  Houses,  in  their  an 
swers,  demonstrated  the  cordiality  and 
harmony  which  existed  between  the 
Executive  and  Congress. 

Hamilton,  it  will  be  recollected,  was 
directed  by  the  House,  to  prepare  a 
plan  for  the  support  of  public  credit. 
His  report,  containing  the  plan  which 
he  proposed,  with  the  reasons  therefor, 


284 


ACTION   OF  THE   FIRST  CONGRESS. 


[BK.  IV. 


1790. 


was  submitted  to  the  House,  on  the 
15th  of  January. 

The  national  debt,  it  is  to  be  borne 
in  mind,  had  its  origin  principally  in 
the  Revolution,  and  was  of  two  kinds, 
foreign  and  domestic.  The  total  amount, 
according  to  the  estimate  of  the  sec 
retary  of  the  treasury,  was  about 
$54,000,000.  Of  this  sum,  the  foreign 
debt,  which  was  due  mostly  to  France, 
and  the  Hollanders,  amounted  to  nearly 
$12,000,000,  including  the  interest;  and 
the  domestic  debt,  including  a  large 
amount  of  interest,  reached  to  the 
amount  of  about  $42,000,000.  Besides 
these,  there  was  another  species 
of  debt,  which  had  been  con 
tracted  by  the  several  states,  during 
the  war,  and  for  the  purposes  of  the 
war,  such  as,  erecting  works  of  de 
fence,  furnishing  provisions,  clothing, 
munitions  of  war,  and  the  like,  for  the 
army,  advancing  pay  and  bounties,  etc. 
These  state  debts  were  estimated  at 
about  $25,000,000. 

The  report  of  the  secretary  was  full, 
lucid  and  comprehensive,  and  it  enter 
ed  at  large  into  the  momentous  ques 
tion  which  was  then  to  be  settled ;  for 
Hamilton  wras  no  ordinary  statesman, 
and  whatever  might  be  the  result  of 
the  plans  he  proposed,  no  one  could 
doubt  that  they  were  urged  with  argu 
ments  of  great  power,  and  with  a  cour- 
ige  and  consistency,  that  extorted  praise 
from  his  most  determined  opponents. 
That  the  foreign  debt  should  be  paid 
strictly  according  to  the  terms  of  the 
contract,  no  one  pretended  to  deny ; 
but  with  respect  to  the  domestic  debt, 
wide  differences  of  opinion  prevailed. 
Hamilton  argued,  that  the  national 


faith  and  honor  demanded  the  pay 
ment  of  the  debt  due  to  citizens  and 
others  holding  the  public  pledges  for 
such  payment ;  and  that  it  was  "  equally 
unjust  and  impolitic,  highly  injurious, 
even  to  the  original  holders  of  public- 
securities,  and  ruinous  to  public  credit," 
to  undertake  to  discriminate  between 
those  who  originally  held  the  public  se 
curities,  and  those  to  whom  they  had 
been  conveyed  by  purchase  or  other 
wise.  Hamilton  also  frankly  and  fear 
lessly  declared  himself  in  favor  of  the 
assumption  of  the  several  state  debts. 
He  earnestly  opposed  making  any  dif 
ference  between  the  creditors  of  the 
Union  and  those  of  the  states.  Both 
descriptions  of  debt  were  contracted 
for  the  same  objects,  and  were  in  the 
main  the  same.  Equity  required  the 
same  measure  of  retribution  for  all. 
There  were  many  reasons,  some  of 
which  were  stated,  for  believing  this 
would  not  be  the  case,  unless  the  state 
debts  should  be  assumed  by  the  nation. 
His  proposition,  accordingly,  was,  to 
open  a  loan  to  the  full  amount  of  the 
debt,  as  well  of  the  particular  states  as 
of  the  Union.  Having  expressed  his 
doubts,  whether,  in  addition  to  all  other 
expe-nses,  it  was  in  the  power  of  the 
United  States,  to  make  a  secure  and 
effectual  provision  for  the  payment  of 
the  interest  of  so  large  a  sum,  on  the 
terms  of  the  original  contracts,  he 
submitted  to  the  House  several  plans 
for  the  modification,  security,  and  pay 
ment  of  the  domestic  debt,  on  the  prin 
ciples  and  reasonings  set  forth  in  his 
report ;  and  to  enable  the  treasury  to 
bear  an  increased  demand  upon  it,  he 
recommended  an  augmentation  of  duties 


CH.  V.] 


ASSUMPTION   OF  THE  STATE  DEBTS. 


285 


1790. 


on  imported  wines,  tea,  etc.,  and  a  duty 
on  home-made  spirits. 

The  subject  was  taken  up  by  the 
House,  on  the  28th  of  January,  but 
having  been  postponed,  was  resumed 
again  on  the  8th  of  February.*  Mr. 
Fitzsimmons  brought  forward 
resolutions,  affirming  the  prin 
ciples  of  the  report.  The  House,  with 
out  a  dissenting  voice,  agreed  to  pro 
vide  for  the  foreign  debt ;  but  the  res 
olution  in  favor  of  appropriating  per 
manent  funds  for  the  payment  of  the 
interest  on  the  domestic  debt,  and  for 
the  gradual  redemption  of  the  prin 
cipal,  gave  rise  to  a  very  animated  de 
bate.  Mr.  Jackson  was  hostile  to  the 
funding  system  altogether.  Mr.  Scott 
avowed  the  opinion,  that  the  United 
States  were  not  bound  to  pay  their 
domestic  creditors  the  sums  specified 
in  their  certificates  of  debt,  because  the 
original  holders  had  parted  writh  them 
at  two  shillings  and  sixpence  in  the 
pound.  He  therefore  moved  an  amend 
ment,  requiring  a  resettlement  of  the 
debt.  This  amendment  was  opposed 
by  Mr.  Sherman,  Mr.  Ames,  and  others, 
and  was  negatived  by  the  House. 

Mr.  Madison,  on  the  llth  of  Febru 
ary,  rose,  and,  in  an  eloquent  speech, 
proposed  an  amendment  to  the  resolu 
tion,  the  effect  of  which  was  to  pay  the 
present  holder  of  assignable  paper  the 
highest  price  it  had  borne  in  the  mar 
ket,  and  to  give  the  residue  to  the 
original  creditor.  The  debate  was  long, 
keenly  argued,  and  deeply  interesting. 
On  the  question  being  put,  February 


*  See  Senator  Benton's  "  Abridgement  of  the  De 
lates  of  Congress,'1'1  vol.  L,  pp.  182-4;  190-201. 
VOL.  II.— 36 


22d,  the  amendment  was  rejected  by  a 
vote  of  yeas,  13;  nays,  36.* 

The  subject  of  the  state  debts  next 
came  up,  and  the  proposition  to  assume 
them,  affecting,  as  it  did,  "  political  in 
terests  and  powers,  which  are  never  to 
be  approached  without  danger,  seemed 
to  unchain  all  those  fierce  pas 
sions,  which  a  high  respect  for 
the  government,  and  for  those  who  ad 
ministered  it,  had  in  a  great  measure 
restrained." 

The  debts  of  the  several  states  were 
very  unequal,  from  the  nature  of  the 
case.  Those  of  Massachusetts,  and  South 
Carolina,  amounted  to  more  than 
$10,500,000;  while  the  debts  of  all  the 
other  states  were  estimated  at  between 
$14,000,000  and  $15,000,000.  -  Nat 
urally,  these  differences  led  to  invid 
ious  comparisons,  and  roused  up  pas- 


*  Mr.  Benton's  note  upon  this,  in  his  "Abridge 
ment  of  the  Debates,'1''  (vol.  i.,  p.  228,)  is  as  follows: 
"The  motion  of  Mr.  Madison  was  lost,  and  with  it 
the  largest  door  was  opened  to  the  pillage  of  original 
creditors,  the  plunder  of  the  public  treasury,  and  the 
corruption  of  Congress,  which  the  history  of  any  gov 
ernment  has  ever  seen.  The  immediate  mischief  was 
some  thirty  millions :  it  was  only  the  beginning.  As 
signees  of  claims  have  since  been  the  great  suitors 
of  Congress;  purchasing  for  a  trifle,  and  upon  specu 
lation  ;  pursuing  the  recovery  by  indirect  means ; 
taking  no  denial ;  and  gaining  in  the  end  what  was 
scouted  at  the  start.  It  has  given  rise  to  a  new  pro 
fession  ;  a  new  industrial  pursuit,  still  more  indus 
trious  by  night  than  by  day;  hunting  up  claims; 
pressing  them  upon  Congress ;  and  by  organization, 
skill,  perseverance,  appliances,  and  seductions,  carry 
ing  through  the  most  unfounded  demands."  The 
student  of  history,  reading  such  statements  as  these 
from  a  senator  of  the  age  and  character  of  Mr.  Ben- 
ton,  will  deem  this  subject  worthy  of  his  careful  exam 
ination.  We  will  only  say,  that  it  is  due  to  the  emi 
nent  men  in  the  first  Congress,  as  well  as  to  the 
character  of  our  national  legislature,  that  charges  so 
grave,  should  be  most  thoroughly  and  faithfully  in 
vestigated. 


286 


ACTION   OF  THE   FIRST  CONGRESS. 


[BK.  IV. 


sions  which  ought  never  to  have  made 
their  appearance  in  Congress. 

The  first  proposition  on  this  subject 
in  the  House  of  Representatives,  was 
to  assume  the  whole  of  these  debts. 
This  was  at  first  adopted,  in  committee 
of  the  whole,  by  a  small  majority.  Af 
terwards,  when  the  members  from  North 
Carolina  took  their  seats,  the  subject 
was  recommitted,  and  negatived  by  a 
majority  of  two  ;  thirty-one  to  twenty- 
nine.  Propositions  were  afterwards 
made,  to  assume  specific  sums  from 
each,  but  were  negatived.  These  va 
rious  propositions  occasioned  long  and 
violent  debates  among  the  members 
from  different  states,  and  led  to  an  in 
quiry  into  the  origin  of  the  state  debts, 
and  to  a  comparative  view  of  the  dif 
ferent  exertions  and  expenses  of  the 
states  themselves,  in  their  struggle  for 
independence. 

Those  in  favor  of  the  assumption 
contended,  that  it  was  a  measure  of  jus 
tice  as  well  as  policy*  That  it  was  just 
in  respect  to  the  creditors  themselves, 
as  well  as  to  the  states.  These  debts, 
it  was  said,  were  incurred  for  services 
rendered,  supplies  furnished,  or  loans 
made,  not  for  the  particular  benefit  of 
the  individual  states,  but  for  the  benefit 
of  the  Union,  for  the  common  cause  in 
which  all  were  embarked.  Justice, 
therefore,  required  that  the  persons  to 


*  This  abstract  of  the  discussion  is  quoted  prin 
cipally  from  Pitkin,  vol.  ii.,  pp.  341-44.  The  reader 
will  find  it  to  his  advantage,  to  compare  the  more 
elaborate  array  of  the  arguments  on  both  sides,  in 
Marshall,  vol.  ii.,  pp.  183-89.  See  also  Tucker's 
"  Life  of  Jefferson,"1  vol.  i.,  pp.  325-28  ;  and  Bentcn's 
'•'•Abridgement  of  tlie  Debates  of  Congress"  vol.  i.» 
pp.  190-201. 


whom  they  were  due,  should  be  placed 
on  the  same  footing  with  those  wh;> 

o 

had  a  direct  claim  on  the  United  States ; 
and  that  both  be  paid  out  of  a  common 
fund.  That  although  some  states  might 
be  able  to  provide  ample  funds  for  the 
payment  of  their  debts ;  yet  others, 
destitute  of  like  resources,  burdened 
with  a  larger  debt,  occasioned,  perhaps, 
by  greater  exertions  in  the  common 
cause,  might  be  unable  to  make  ade 
quate  provision.  One  class  of  credit 
ors,  therefore,  who  happened  to  live  in 
a  large  state,  abounding  in  wealth  and 
resources,  and,  perhaps,  with  a  com 
paratively  small  debt,  might  be  paid 
in  full ;  while  another,  equally  merito 
rious,  living  in  a  small  state,  having  a 
large  debt,  and  destitute  of  resources, 
might  receive  little  or  nothing.  It 
would  be  just,  in  respect  to  the  states, 
as  in  this  way  each  would  bear  its  pro 
portion  of  the  expenses  incurred  for 
one  common  object.  It  was  to  be  con 
sidered  also,  it  was  said,  that  no  incon 
siderable  proportion  of  the  state  debts 
was  incurred  at  a  time  when  the  United 
States  had  little  or  no  credit.  It  was 
also  strongly  contended,  that  as  the 
Constitution  'had  transferred  to  Con 
gress  the  principal  funds  on  which  the 
states  had  relied  for  the  payment  of 
their  debts,  it  was  just  that  the  debts 
should  follow  the  funds. 

The  policy  of  the  measure,  its  advo 
cates  said,  was  not  less  apparent  than 
its  justice. 

A  provision  for  these  debts  by  the 
states  themselves,  would  necessarily 
create  an  interference  between  the 
general  and  state  governments  in  their 
revenue  systems,  highly  injurious,  if 


CH.  V.] 


DEBATE  ON  THE  ASSUMPTION. 


287 


Dot  ruinous  to  both.  The  United 
States  having  the  exclusive  power  to 
lay  imposts,  most  of  the  states  must 
have  recourse  to  excises  and  direct 
taxes.  These,  it  was  said,  must  be 
very  unequal  in  different  states,  in  con 
sequence  of  the  inequality  of  their 
debts.  Great  burdens,  therefore,  would 
be  thrown  on  those  states,  whose  ex 
ertions  had  been  greatest  in  the  com 
mon  cause  ;  and  jealousies  and  dissatis 
faction  must  be  the  necessary  conse 
quence.  In  those  states  where  recourse 
was  had  to  direct  taxes,  a  greater  bur 
den  would  be  thrown  on  the  landed 
interest,  and  this  would  produce  emi 
gration  to  other  states  less  oppressed 
with  taxes  of  this  description.  Where 
resort  was  had  to  excises,  whrch  would 
be  laid  on  foreign  as  well  as  domestic 
articles,  greater  inducements  would  be 
held  out  to  smuggling,  materially  affect 
ing  the  revenue  of  the  United  States. 
In  addition  to  this,  commercial  advan 
tages  might  be  greater  in  some  states 
than  in  others,  and  a  transfer  of  capital 
from  one  state  to  another  be  thereby 
encouraged.  The  collection  of  the 

O 

same  amount  of  taxes,  it  was  said, 
might  be  made  with  less  expense,  un 
der  the  direction  of  one  government, 
than  under  several ;  and  by  having  the 
general  management  of  the  revenues 
of  the  country  in  their  hands,  the  na 
tional  legislature  would  be  enabled 
more  fully  to  promote  domestic  indus 
try  and  improvement  throughout  every 
part  of  the  Union. 

In  the  course  of  the  debates  on  this 
interesting  question,  it  was  stated  by 
the  advocates  of  the  assumption,  that 
a  difference  in  the  amount  of  state 


debts  did  not  arise  solely  from  a  dif 
ference  in  exertions  during  the  war; 
but  that  the  debts  of  some  states  were 
lessened  by  the  avails  of  confiscated 
property,  and  from  territorial  acquisi 
tions.  And  it  was  asked,  whether 
those,  by  whose  offences  a  confiscation 
of  property  had  been  incurred,  had  riot 
offended  against  United  America,  and 
not  merely  against  that  state,  where 
the  offence  was  committed,  and  which 
alone  received  the  benefit  of  the  con 
fiscation  ?  And  whether  the  acquisi 
tion  of  territory,  was  not  owing  to  the 
exertions  of  the  national  force,  under 
national  direction  ? 

The  opponents  of  the  measure  were 
not  less  decided  in  opinion  that  it  was 
both  unjust  and  impolitic,  whether  it 
went  to  a  general  or  a  partial  assump 
tion. 

They  denied  that  the  state  debts 
could  be  considered,  in  any  way,  tL3 
debts  of  the  Union,  or  that  the  United 
States  were  under  obligations  to  dis 
charge  any  part  of  them,  except  the 
balance,  which,  on  a  final  settlement, 
should  be  found  due  to  particular 
states.  If  they  were  the  debts  of  the 
United  States,  in  the  hands  of  indi 
viduals,  it  was  asked,  whether  they 
were  not  equally  so,  when  in  the  state 
treasuries  ?  Whether  the  United  States 
were  not  equally  bound  to  provide  for 
them  in  both  situations?  Before  the 
adoption  of  the  Constitution,  it  was 
said,  they  had  never  been  so  consid 
ered.  They  contended,  also,  that  not 
being  the  debts  of  the  Union,  Con 
gress  were  not  warranted  by  the  Con 
stitution,  in  assuming  the  payment  of 
them. 


288 


ACTION   OF  THE  FIRST  CONGRESS. 


[BK.  IV. 


As  to  the  policy  of  the  measure,  its 
opponents  said,  among  other  things,  if 
a  public  debt  was  a  public  evil,  the  as 
sumption  would  increase  and  perpetu 
ate  the  evil.  That  the  United  States, 
and  the  individual  states  together, 
could  discharge  a  debt  of  eighty  mil 
lions  much  sooner  than  the  United 
States  alone.  That  after  the  general 
government  had  resorted  to  all  the 
means  of  revenue  in  its  power,  the  in 
dividual  states  would  have  other  finan 
cial  resources  still  remaining.  It  was, 
also,  particularly  urged,  that  each  state 
could  raise  money,  in  a  way  most  con 
venient  for  itself,  and  to  which  they 
had  been  accustomed.  Some  of  the 
states,  they  said,  were  hostile  to  ex 
cises,  others  to  direct  taxes ;  and  that 
no  general  system  of  internal  taxation 
could  be  established,  adapted  to  the 
circumstances  of  each  state,  or  which 
would  give  general  satisfaction. 

Some  of  the  states  had,  by  their  ex 
ertions,  paid  a  greater  proportion  of 
their  debts,  than  others,  and  it  would 
be  unjust,  they  alleged,  to  compel  them 
to  contribute  to  the  payment  of  the 
debts  of  the  delinquent  states.  In  an 
swer  to  the  suggestion,  that  unless  the 
measure  should  be  carried,  great  dis 
satisfaction  would  exist  in  some  of  the 
states,  it  was  said,  that  much  greater 
dissatisfaction  would  follow  from  its 
adoption.  A  majority  of  the  people 
of  the  United  States,  it  was  believed, 
was  opposed  to  it ;  and  the  discordant 
interests,  as  well  as  jealousies  among 
the  states,  now  too  much  felt,  would  be 
thereby  greatly  increased. 

The  oppose rs  of  the  assumption,  also 
stated,  that  the  adoption  of  the  meas 


ure,  would  render  state  creditors  more 
dependent  on  the  general  government ; 
that  it  would  greatly  lessen  the  influ 
ence  and  importance  of  the  states,  and 
tend  to  consolidate  the  Union.  The 
debts  of  Massachusetts  and  South  Caro 
lina,  as  stated  above,  amounted  to  near 
ly  one  half  of  those  of  all  the  others. 
These  states,  therefore,  felt  a  deep  in 
terest  in  the  question.  The  legislature 
of  South  Carolina,  in  January,  1790,  in 
structed  their  representatives  in  Con 
gress,  to  solicit  the  national  legislature 
to  assume  their  debt,  "  it  having  been 
incurred,"  as  they  said,  "  in  consequence 
of  the  war  between  the  United  States 
and  Great  Britain."  And  in  regard  to 
Massachusetts,  it  was  stated  by  Mr. 
Ames,  that  the  first  ammunition  used 
at  Lexington  and  Bunker  Hill,  was 
purchased  by  the  state,  and  appeared 
in  the  form  of  the  state  debt.  Vir 
ginia,  North  Carolina,  and  Georgia, 
were  most  strenuous  in  their  opposi 
tion. 

The  proposition  to  assume  specific 
sums  from  each  state  having  been  re 
jected,  as  above  stated,  by  the  House, 
notwithstanding  the  animated  debate 
on  the  subject,  the  bill  was  sent  up  to 
the  Senate,  with  a  provision  for 
those  creditors  only,  whose  cer 
tificates  of  debt  purported  to  be  pay 
able  by  the  Union. 

In  this  condition  of  affairs,  when,  to 
all  appearance,  the  question  was  about 
to  be  decided  against  the  assumption 
of  the  state  debts,  another  measure 
was  pressed  upon  the  attention  of  Con 
gress,  which,  by  a  species  of  giving 
and  taking,  well  understood  in  legis 
lative  bodies,  was  so  well  timed,  and 


1790. 


CH    V.] 


THE  DEBTS   OF  TITE  STATES  ASSUMED. 


289 


well  arranged,  as  to  enable  its  advo 

O 

cates  to  obtain  a  majority  in  favor  of 
the  assumption.  We  refer  to  the  ques 
tion  of  the  permanent  site  of  the  cap 
ital  of  the  United  States.  This  subject 
had  been  before  Congress  on  a  number 
of  occasions,  and  it  was  deemed  imper 
ative,  that  some  place  should  be  fixed 
upon,  where  the  national  legislature 
might  exercise  proper  authority,  to 
protect  itself  from  insult  or  attack, 
like  that  to  which  it  had  been  sub 
jected  by  the  Pennsylvania  mutineers 
in  1783.  In  September,  1784,  as  Mar 
shall  states,  an  ordinance  had  been 
passed  for  appointing  Commissioners 
to  purchase  land  on  the  Delaware,  in 
the  neighborhood  of  the  falls,  and  to 
erect  the  necessary  buildings  thereon  ; 
but  the  southern  interest  had  been 
sufficiently  strong  to  arrest  the  execu 
tion  of  this  ordinance,  by  preventing 
an  appropriation  of  funds,  which  re 
quired  the  assent  of  nine  states.  Un 
der  the  existing  government,  many 

O       O  */ 

different  places,  from  the  Delaware  to 
the  Potomac  inclusive,  had  been  ear 
nestly  supported ;  but  a  majority  of 
both  Houses  had  not  concurred  in  favor 
of  any  one  place.  Attempts  had  been 
made,  with  as  little  success,  to  change 
the  temporary  residence  of  Congress. 
At  length,  a  compact  respecting  the 
temporary  and  permanent  seat  of  gov 
ernment  was  entered  into  between  the 
friends  of  Philadelphia  and  the  Po 
tomac,  stipulating  that  Congress  should 
hold  its  sessions  in  Philadelphia  for 
ten  years,  during  which  time  buildings 
for  the  accommodation  of  government, 
should  be  erected  at  some  place  on  the 
Potomac,  to  which  the  government 


should  remove,  on  the  expiration  of 
that  time.  This  compact  having  unit 
ed  the  representatives  of  Pennsylvania 
and  Delaware  with  the  friends  of  the 
Potomac,  a  majority  was  obtained  in 
favor  of  both  situations ;  and  a  bill 
brought  into  the  Senate  in  conformity 
with  this  arrangement,  passed  both 
Houses  by  small  majorities.* 

This  having  been  done,  and  the  site 
of  the  federal  city  fixed,  two  of  the 
Potomac  members,  White  and  Lee, 
who  heretofore  wrere  opposed  to  the 
assumption,  now  changed  their  votes, 
and  declared  themselves  in  its  favor; 
and  thus  the  majority  was  changed. 
The  amendment  which  had  been  nega 
tived,  was  now  carried,  and  $21,000,000 
of  the  state  debts,  were  assumed  in 
specified  proportions.  The  Sen 
ate  gave  a  majority  of  two  in 
its  favor,  and  the  House  concurred,  by 
a  majority  of  six. 

It  must  be  confessed,  we  think,  that 
however  important  either  or  both  the 
measures  adopted  may  be  considered, 
it  does  not  tend  to  elevate  a  legislative 
body  very  highly,  to  have  it  plainly 
before  our  eyes,  that  these  great  re 
sults  owed  their  success  to  comprom 
ises,  oii  bargains,  instead  of  convictions 
of  truth,  and  right,  and  duty. 

The  plan  finally  concluded  upon,  was 
adopted  near  the  close  of  the  session. f 

*  For  the  secretary  of  state's  sharp,  and  not  alto 
gether  good-tempered  account  of  the  manner  in 
which,  as  he  says,  he  "  was  most  ignorantly  and  in 
nocently  made  to  hold  the  candle"  to  Hamilton's 
"  fiscal  manoeuvre,"  for  assuming  the  state  debts,  see 
"  Ttie  Anas"  Jefferson's  Works,  vol.  ix.,  p.  92;  and 
Tucker's  "Life  of  Jefferson,'"  vol.  i.,  pp.  329-31. 

t  It  may  be  worth  noting,  that  the  House  of  Dele 
gates,  in  Virginia,  in  November,  1790,  declared  this 


290 


ACTION   OF  THE  FIRST  CONGRESS. 


[BK.  IV. 


1TOO. 


A  loan  was  opened  of  $12,000,000,  or 
whatever  sum  was  needed  to  pay  the 
arrears  of  interest  and  instalment  of 
the  foreign  debt ;  or  of  an  amount  suffi 
cient  to  pay  the  whole,  if  possible,  the 
period  to  be  limited  to  fifteen  years. 
A  new  loan  of  the  whole  of  the  domes 
tic  debt,  was  proposed  on  the  follow 
ing  terms :  two-thirds  of  the  principal, 
to  draw  an  interest  of  six  per  cent., 
after  the  first  of  January,  1791,  and 
the  other  third,  to  draw  the  same  in 
terest,  after  the  year  1800  ;  the 
arrears  of  interest  to  draw 
three  per  cent.,  after  January,  1791. 
The  debt  drawing  six  per  cent.,  to  be 
redeemable  by  payments,  not  exceed 
ing  in  one  year,  eight  per  cent.,  on  ac 
count  both  of  principal  and  interest ; 
and  the  three  per  cents,  were  made  re 
deemable,  at  the  pleasure  of  the  gov 
ernment.  The  $2 1,000,000  of  the  state 
debts  were  apportioned  among  the 
states,  having  regard  to  the  amount  of 
the  debts  of  each.*  The  sum  thus  as 
sumed,  was  also  to  be  loaned  to  the 
United  States,  by  individuals  holding 
certain  evidences  of  state  debts,  but  on 
terms  somewhat  different  from  those 
of  the  domestic  debt.  Four-ninths  was 
to  bear  an  interest  of  six  per  cent., 

action  of  Congress  to  be  unconstitutional,  dangerous 
to  the  interests  of  the  people,  and  highly  injurious  to 
the.  rights  of  several  of  the  states ;  and  thus  took  the 
lead  among  state  legislatures,  in  censuring  the  acts  of 
the  general  government. 

*  The  following  is  the  apportionment  among  the 
states : — New  Hampshire,  $300,000 ;  Massachusetts, 
$4,000,000;  Rhode  Island,  $200,000;  Connecticut, 
$1,000,000;  New  York,  $1,200,000;  New  Jersey, 
$800,000;  Pennsylvania,  $2,200,000;  Delaware, 
$200,000 ;  Maryland,  $800,000  ;  Virginia,  $3,200,000 ; 
North  Carolina,  $2,200,000  ;  South  Carolina,  $4,000,- 
000 ;  Georgia,  $300,000. 


commencing  on  the  first  of  January, 
1792,  two-ninths  to  draw  the  same  in 
terest  after  the  year  1800,  and  the 
other  three-ninths,  an  interest  of  three 
per  cent,  from  January,  1792. 

The  amount  of  the  debt  of  each  state 
assumed  and  subscribed  to  the  loan, 
was  to  be  a  charge  against  such  state, 
in  account  with  the  United  States.  To 
complete  a  settlement  of  the  accounts 
between  the  states  and  the  United 
States,  a  board,  consisting  of  three 
commissioners,  was  established  during 
this  session  ;  the  determination  of  a 
majority  of  them  to  be  final  and  con 
clusive.  In  this  settlement  the  Com 
missioners  were  empowered  to  decide, 
according  to  the  principles  of  general 
equity.  The  rules  prescribed  for  their 
proceeding  were,  to  debit  each  state 
with  all  advances,  which  had  been,  or 
might  be  made  to  it,  by  the  United 
States,  with  the  interest  thereon,  to 
the. last  day  of  the  year  1789;  and 
to  credit  each  state,  for  its  disburse 
ments  and  advances,  with  interest  to 
the  same  period  ;*  and  having  struck 
the  balance  due  to  each  state,  Avere  to 
find  the  aggregate  of  all  the  balances, 
and  this  aggregate  was  to  be  appor 
tioned  between  the  states,  by  the  same 
rule,  as  prescribed  in  the  Constitution, 
for  the  apportionment  of  representa 
tion  and  direct  taxes,  and  according  to 
the  first  enumeration  which  should  be 
made.  The  balances  found  due  to  the 
states,  were  to  be  funded  on  the  same 


*  Pitkin,  vol.  ii.,  p.  538,  gives  an  abstract  of  the 
accounts  of  the  respective  states,  for  expenses  in 
curred  during  the  Revolution,  as  allowed  by  the 
Commissioners,  who  completed  the  settlement  of  the 
said  accounts  in  1793. 


CH.  V.] 


DR.   FRANKLIN'S   LAST  PAPER. 


29 1 


1790. 


terms  as  the  other  part  of  the  domes 
tic  debt,  but  not  to  be  transferable. 

The  national  debt  having  thus  been 
brought  into  a  tangible  shape,  the 
measures  necessary  for  its  payment 
were  taken  at  as  early  a  date  as  was 
practicable.  Being,  from  the  nature 
of  the  case  progressive,  some  years 
elapsed  before  the  system  was 
completed.  Beside  the  duties 
on  imports,  passed  at  the  first  session 
of  Congress,  a  duty  on  the  tonnage  of 
vessels  was  imposed  at  the  second  ses 
sion  ;  and  the  nucleus  of  a  sinking  fund 
was  created,  by  appropriating  the  rev 
enue  for  the  current  year,  deducting 
previous  appropriations,  to  the  pur 
chase  of  the  debt,  at  its  then  low 
value.  The  president  was  also  author 
ized  to  borrow  $2,000,000  for  the 
same  purpose,  and  the  interest  accruing 
on  the  stock  bought  in,  wras  to  be  ap 
plied  to  repay  the  loan.  The  proceeds 
of  the  public  lands,  when  sold,  had  pre 
viously  been  pledged  to  the  discharge 
of  the  debt. 

The  effect  produced  by  these  meas 
ures  for  sustaining  the  public  credit, 
was  of  the  most  marked  description 
upon  the  whole  country.  The  increase 
in  the  money  capital  invigorated  com 
merce,  roused  the  active  energies  of 
the  people,  and  stimulated  anew,  agri 
cultural  and  other  pursuits.  And  it 
soon  became  evident,  that  prosperity 
was  plainly  within  the  reach  of  the  in 
dustrious  and  enterprising  citizens  of 
the  United  States.  "Politically  con 
sidered,  however,"  as  Mr.  Sparks  re 
marks,  "  the  funding  system  had  an  un 
happy  influence.  It  widened  the  breach 
of  parties,  produced  irritations,  and  ex 


cited  animosities.  Nor  was  it  to  be 
expected,  that  the  adversaries  of  the 
plan,  and  these  a  large  minority,  would 
readily  change  their  opinion,  after  the 
strenuous  opposition  they  had  shown, 
or  cease  from  their  hostility.  The  pres 
ident  expressed  no  sentiments  on  the 
subject,  while  it  was  under  debate  in 
Congress,  but  he  approved  the  act  for 
funding  the  public  debt,  and  was,  un 
doubtedly,  from  conviction,  a  decided 
friend  to  the  measure." 

Various  other  matters  occupied  the 
attention  of  Congress  during  this  la 
borious  session.  The  question  of  the 
slave  trade  was  brought  up  by  a  pe 
tition  from  the  Quakers  in  Pennsyl 
vania,  Delaware,  and  other  states,  and 
the  venerable  Dr.  Franklin,  as  presi 
dent  of  the  Pennsylvania  Society  for 
promoting  the  Abolition  of  Slavery, 
sent  in  a  memorial,  early  in  February, 
asking  the  serious  attention  of  Con 
gress  to  the  importance  and  duty  of 
extending  to  the  negroes  the  bless- 
iilgs  of  freedom.  The  subject  was  dis 
cussed  at  great  length,  and  with  much 
warmth  on  both  sides  ;  and  toward  the 
close  of  March,  it  was  resolved,  "that 
Congress  have  no  authority  to 

1TOO. 

interfere    in  the    emancipation 

of  slaves,  or  in  the  treatment  of  them 

within  any  of  the  states."*     Laws  for 


*  The  last  paper,  which  Dr.  Franklin  wrote,  was 
on  the  subject  of  slavery.  "Mr.  Jackson,  a  member 
of  Congress,from  Georgia,  had  made  a  speech  in  favor 
of  negro  slavery.  An  ingenious  parody  of  this 
speech  was  composed  by  Dr.  Franklin,  in  which  Sidi 
Mebemet  Ibrahim  is  represented  as  speaking,  in  the 
Divan  of  Algiers,  against  granting  the  petition  of  a 
sect  called  Erilca,  who  prayed  for  the  abolition  of 
piracy  and  slavery,  as  being  unjust.  In  this  pre 
tended  speech  of  Ibrahim,  the  same  principles  were 


292 


ACTION   OF  THE  FIRST  CONGRESS. 


[BK.  IV. 


the  naturalization  of  aliens,  after  two 
years'  residence,  for  the  patenting  of 
useful  inventions,  and  for  securing  to 
authors  the  copyright  of  their  works; 
and  others,  regulating  the  mercantile 
marine  of  the  Union,  in  respect  to  the 
seamen  engaged  in  it ;  and  forming  a 
groundwork  for  a  criminal  code ;  for 
the  ordering  of  what  was  called  "  the 
military  establishment,"  only  twelve 
hundred  and  sixteen  rank  and  file,  and 
for  arranging  the  means  of  intercourse 
with  the  Indians  in  respect  to  trade 
and  the  acquisition  of  their  hunting- 
grounds,  and  with  European  govern 
ments  for  the  larger  commerce  which 
required  the  superintendence  of  resi 
dent  ministers ; — these  were  duly  con 
sidered  and  framed.  And  other  busi 
ness,  such  as  voting  for  the  public 
service,  under  the  heads  of  the  civil 
list,  pensions  for  revolutionary  services, 
the  military  establishment,  lighthouses, 
embassies,  and  outstanding  debts,  the 
moderate  sum  of  about  $725,000. 

Both  Houses,  having  returned  thanks 
to  the  corporation  of  the  city  of  New 
York,  "  for  the  elegant  and  convenient 
accommodations  furnished  the 
Congress  of  the  United  States," 
adjourned,  on  the  12th  of  August,  to 
meet  again  in  December,  in  the  city  of 
Philadelphia. 

It  is  but -right  to  put  on  record  here, 


advanced,  and  the  same  arguments  were  used  in  de 
fence  of  plundering  and  enslaving  Europeans,  that 
had  been  urged  by  Mr.  Jackson,  in  justification  of 
negro  slavery.  It  is  dated  only  twenty-four  days  be 
fore  the  author's  decease;  and,  as  a  specimen  of 
happy  conception  and  sound  reasoning,  it  is  not  in 
ferior  to  any  of  his  writings.1' — Sparks's  ''''Life  of 
Frunklin,"  p.  527 ;  also  "  Franklin's  Works,"  vol.  ii., 
pp.  517-21. 


1790. 


that  BENJAMIN  FRANKLIN,  the  patriot 
and  the  sage,  after  painful  and  pro 
tracted  sufferings,  closed  a  life  of  four 
score  and  four  years  on  the  17th  of 
April,  1790.  He  was  buried  in  the 
cemetery  of  Christ  Church,  Philadel 
phia,  and  his  funeral  was  attended  by 
more  than  twenty  thousand  of  his  fel 
low-citizens.  Congress  resolved  to  wear 
the  customary  badge  of  mourning  for 
one  month,  "as  a  mark  of  veneration 
due  to  the  memory  of  a  citizen,  whose 
native  genius  was  not  more  an  orna 
ment  to  human  nature,  than  his  va 
rious  exertions  of  it  have  been  precious 
to  science,  to  freedom,  and  to  his  coun 
try."  In  the  National  Assembly  of 
France,  Mirabeau  eloquently  dilated 
in  praise  of  the  illustrious  deceased, 
and  Lafayette  seconded  the  motion  for 
a  decree,  ordering  the  members  to  wear 
the  usual  badge  of  mourning  for  three 
days  ;  and  there  was  not  a  land  blessed 
with  the  light  of  civilization,  which  did 
not  lament  his  death,  and  pour  forth 
expressions  of  sorrow  for  the  loss  which 
not  only  America,  but  the  world  had 
sustained. 

An  act  was  passed  by  Congress  to 
accept  the  cession  of  the  claims  of  the 
state  of  North  Carolina,  to  a  certain 
district  of  western  territory ;  and  on 
the  20th  of  May,  provision  was  made 
for  its  government,  under  the  title  of 
"  The  Territory  of  the  United  States 
south  of  the  River  Ohio." 

On  the  29th  of  May,  1790,  Rhode 
Island,  who  had  become  somewhat 
more  alive  to  her  true  interests,  and  to 
the  ill  results  which  must  certainly  fol 
low  her  exclusion  from  the  Union, 
adopted  the  Constitution,  and  cast  in 


CH.  V.] 


WASHINGTON'S   EFFORTS  WITH  THE  INDIANS. 


293 


her  lot  with  the  sister  states,  for  the 
great  future  which  was  opening  before 
them  all. 

Washington,  who  had,  on.  his  pre 
vious  tour,  avoided  going  to  Rhode 
Island,  took  occasion,  on  the  adjourn 
ment  of  Congress,  to  pay  a  week's  visit 
to  that  state.  But  a  return  of  severe 
illness,  caused  by  constant  application 
to  business,  urged  him  to  seek  repose 
and  recreation  for  a  short  time,  at  least. 
He  accordingly  hastened,  in  September, 
with  increased  pleasure,  to  the  retire 
ment  of  Mount  Vernon,  and  gave  him 
self  to  the  delightful  occupation  of 
seeing  to  his  farm,  and  the  progress  of 
his  agricultural  operations. 

While  Congress  were  busily  occu 
pied  with  the  numerous  and  important 
subjects  which  were  before  them,  the 
foreign  relations  of  the  United  States 
were  not  in  a  satisfactory  position. 
We  have  briefly  spoken  of  this  matter 
on  a  previous  page,  (see  p.  273 ;)  and 
we  are  sorry  to  say,  that  the  president's 
anxieties  were  not  lessened  by 
events  subsequent  to  his  en 
trance  upon  his  high  office.  The  In 
dians  on  the  frontiers  were,  nearly 
all  of  them,  hostile  to  the  United 
States ;  and  the  task  of  conciliating 
and  appeasing  them,  difficult  enough 
under  any  circumstances,  was  rendered 
greatly  more  difficult  by  the  foreign 
influence  which  kept  alive  their  enmity, 
and  urged  them  to  fresh  acts  of  out 
rage.  British  agents  were  at  work  on 
the  northern  frontier,  and  in  the  south 
the  Spaniards  intrigued  with  the  Creeks 
and  other  tribes,  keeping  them  in  a 
state  of  irritation  and  excitement  very 
unfavorable  to  the  pacific  overtures  of 
VOL.  II.— 37 


1790. 


Washington.  His  wishes  and  exertions 
were  sincerely  for  the  best  good  of  the 
Indians;  and  he  ever  sought  to  treat 
them  with  justice  and  humanity,  and 
by  degrees  to  meliorate  their  condition, 
and  add  them  to  the  number  of  the 
citizens  of  the  United  States.  Deter 
mined  to  make  another  effort  at  nego 
tiation,  (see  page  283,)  the  president 
dispatched  Colonel  Willet,  an  able  offi 
cer  of  the  army,  into  the  Creek  country, 
ostensibly  on  private  business,  but  with 
a  letter  of  introduction  to  Alexander 
M'Gillivray,  who  was  at  the  head  of  the 
nation,  and  with  instructions  to  induce, 
if  possible,  the  Creek  chiefs  to  repair  to 
New  York,  in  order  to  effect  a  solid 
and  lasting  peace.  Willet  performed 
these  duties  with  so  much  dexterity, 
that  M'Gillivray,  with  the  other  chiefs, 
were  persuaded  to  come  to  New  York, 
where  fresh  negotiations  commenced, 
which,  on  the  7th  of  August,  1790, 
terminated  in  the  establishment  of 
peace. 

The  efforts  of  Washington  to  effect 
a  peace  with  the  hostile  Indian  tribes 
north-west  of  the  Ohio  having  failed, 
there  was  no  alternative  but  to  carry 
war  into  their  settlements  and"  compel 
them  to  terms.  On  the  30th  of  Sep 
tember,  General  Harmar  set  out,  with 
something  more  than  fourteen  hundred 
men,  to  attack  the  Indians  on  the  Scioto 
and  Wabash.  He  was  successful  in 
destroying  their  villages  and  the  pro 
duce  of  their  fields ;  but  in  an  engage 
ment  near  Chilicothe  he  was  defeated, 
with  a  loss  of  about  two  hundred  men, 
and  a  number  of  gallant  officers. 

Notwithstanding  the  unhandsome 
course  pursued  by  the  British  court, 


ACTION   OF  THE  FIRST  CONGRESS. 


[BK.  IV. 


1790. 


who  had  refused  to  appoint  a  minister 
to  the  United  States,  Washing 
ton  deemed  it  every  way  de 
sirable  to  seek  full  explanations  with 
England.  The  subjects  for  discussion 
were  of  peculiar  delicacy,  and  could  not 
be  permitted  to  remain  unadjusted 
without  hazarding  the  most  serious  con 
sequences.  In  October,  1789,  the  pres 
ident  had  resolved  on  taking  informal 
measures  to  sound  the  British  cabinet, 
and  to  ascertain  its  views  respecting  the 
points  of  controversy  between  the  two 
nations.  This  negotiation  was  entrusted 
to  Mr.  Gouverneur  Morris,  who  was,  at 
the  time,  in  Europe,  on  private  business. 
In  his  conferences  with  the  Duke  of 
Leeds  and  with  Mr.  Pitt,  those  ministers 
expressed  a  wish  to  be  on  the  best 
terms  with  America ;  but  repeated  the 
complaints  which  had  been  made  by 
Lord  Carmarthen  of  the  non-execution 
of  the  treaty  of  peace  on  the  part  of 
the  United  States.  In  a  subsequent 
note,  the  Duke  of  Leeds  avowed  the 
intention,  if  the  delay  on  the  part  of 
the  American  government  to  fulfil  its 
engagements  should  have  rendered  its 
final  completion  impossible,  to  retard 
the  fulfilment  of  those  which  depended 
entirely  on  Great  Britain,  until  redress 
should  be  granted  to  the  subjects  of 
his  majesty  on  the  specific  points  of  the 
treaty  itself,  or  a  fair  and  just  compen 
sation  should  be  obtained  for  their  non- 
performance. 

Difficulties  having  arisen  between 
Great  Britain  and  Spain,  and  it  appear 
ing  probable,  that  war  might  break  out 
at  an  early  day,  it  was  thought  to  be  a 
favorable  juncture  for  urging  the  claims 
of  the  United  States  to  the  free  navi 


gation  of  the  Mississippi.  Mr.  Car- 
michael,  their  charge  d'affaires  at  the 
court  of  Madrid,  was  instructed  not 
only  to  press  this  point  with  earnest 
ness,  but  to  use  his  utmost  endeavors 
to  secure  the  unmolested  use  of  that 
river  in  future,  by  obtaining  a  cession 
of  the  Island  of  New  Orleans,  and  of 
the  Floridas. 

The  opinion  was  seriously  entertained 
by  the  American  government,  that,  in 
the  event  of  a  war  between  England 

O 

and  Spain,  Louisiana  would  be  invaded 
from  Canada ;  and  the  attention  of  the 
president  was  turned  to  the  measures 
which  would  be  necessary  in  case  such 
an  attempt  was  made.  Marshall*  gi  ves 
an  account  of  the  informal  intercourse 
with  Lord  Dorchester,  Governor  of 
Canada,  on  the  subject  of  existing  rela 
tions,  and  the  course  which  the  United 
States  would  be  likely  to  pursue  in  the 
event  of  war  with  Spain.  Mr.  Morris 
having  communicated  to  the  president 
the  state  of  affairs  in  England,  Wash 
ington  deemed  it  useless,  and  even  dis 
honorable,  to  press  a  commercial  treaty, 
and  accordingly  withdrew  the  powers 
entrusted  to  Mr.  Morris.  About  the 
same  time,  the  dispute  between  Great 
Britain  and  Spain  was  adjusted,  the 
latter  yielding  the  main  points  at  issue, 
under  the  conviction  of  her  inability  to 
cope  with  her  great  adversary. 

Congress  commenced  its  third  ses 
sion  on  the  6th  of  December,  1 790,  and 
continued  actively  engaged  in 
public  affairs  until  its  close, 
March  3d,  1791.  Two  important 
measures  were  brought  forward,  keenly 

*  "Z(/e  of  Washington,"  vol.  ii.,  p.  190. 


1790. 


CH.  V.] 


THE  BANK   OF  THE   UNITED   STATES. 


205 


and  vehemently  discussed,  and  finally 
adopted.  We  refer  to  the  tax  on  ar 
dent  spirits  distilled  in  the  United 
States,  and  a  national  bank. 

Washington  delivered  an  able  and 

O 

interesting  opening  speech,  in  which  he 
took  a  comprehensive  view  of  the  ex 
ternal  and  internal  interests  of  the  na 
tion,  concluding  with  the  following  im 
pressive  words :  "  In  pursuing  the  vari 
ous  and  mighty  business  of  the  present 
session,  I  indulge  the  fullest  persuasion 
that  your  consultations  will  be  marked 
with  wisdom,  and  animated  by  the  love 
of  country.  In  whatever  belongs  to 
my  duty,  you  shall  have  all  the  co 
operation  which  an  undiminished  zeal 
for  its  welfare  can  inspire.  It  will  be 
happy  for  us  both,  and  our  best  reward, 
if,  by  a  successful  administration  of  our 
respective  trusts,  we  can  make  the 
established  government  more  and  more 
instrumental  in  promoting  the  good  of 
our  fellow-citizens,  and  more  and  more 
the  object  of  their  attachment  and  con 
fidence."  The  addresses  from  the  two 
Houses  were  in  harmony  with  the  pres 
ident's  speech.  It  may  be  noted,  how 
ever,  that  Mr.  James  Jackson,  from 
Georgia,  in  the  House  of  Representa 
tives,  took  occasion  in  the  debate  on  the 
answer  to  the  speech,  to  censure  the 
course  pursued  by  Washington  in  re 
gard  to  certain  lands  claimed  by 
Georgia,  but  relinquished  by  the  treaty 
to  the  Creeks. 

According  to  the  statements  of  the 
secretary  of  the  treasury,  additional 
revenue  was  required  for  meeting  na 
tional  obligations.  This  led  to  his  re 
commending  an  additional  impost  on 
foreign  distilled  spirits,  and  of  a  duty 


on  spirits  distilled  within  the  United 
States.  A  sharp  and  even  angry  de 
bate  ensued,  the  southern  and 
western  members  being  par 
ticularly  warm  in  their  opposition. 
When  required  to  produce  a  system  in 
lieu  of  that  which  they  so  much  exe 
crated,  the  opponents  of  the  bill  alter 
nately  mentioned  an  increased  duty  on 
imported  articles  generally,  a  particular 
duty  on  molasses,  a  direct  tax,  a  tax 
on  salaries,  pensions,  and  lawyers,  a 
duty  on  newspapers,  and  a  stamp  act. 
But,  as  was  shown,  no  one  of  these  was 
as  feasible  a  means  of  raising  the  reve 
nue  demanded;  consequently,  on  the 
27th  of  January,  the  bill  passed  by  a 
vote  of  thirty-five  to  twenty-one. 

A  few  days  afterwards,  the  bill  to 
incorporate  the  subscribers  to  the  Bank 
of  the  United  States,  having  been  sent 
from  the  Senate,  was  read  the  third 
time,  and  the  question  was  now  on  its 
passage.  Quite  unexpectedly, 
it  would  seem,  a  strong  and 
determined  opposition  sprang  up  at 
this  point,  and  the  debate  for  the  fol 
lowing  week  was  of  the  most  ardent 
character,  and  called  forth  the  ablest 
efforts  of  such  men  as  Madison,  Giles, 
Stone,  and  others,  against,  and  of 
Ames,  Boudinot,  Gerry,  Vining,  and 
others,  for  the  bill.* 

The  argument  turned  mainly  upon 
the  constitutional  authority  of  Con 
gress  to  pass  an  act  incorporating  a 
national  bank.  On  the  one  hand,  it 


*  The  reader  will  be  well  repaid,  by  carefully  per 
using  the  debates,  as  given  in  Senator  Benton'a 
"Abridgement  of  the  Debates  of  Congress,"  vol.  i.,  pp. 
272-308. 


296 


ACTION   OF  THE  FIRST  CONGRESS. 


[BK.  IV. 


was  contended,  that  Congress  had  no 
such  power  under  the  Constitution,  as 
would  enable  them  to  create  this  or 
any  other  corporation ;  and  also,  that 
so  large  a  moneyed  institution  would, 
in  its  effects,  be  extremely  injurious  to 
the  community.  On  the  other  hand, 
it  was  argued,  that  the  establishment 
of  a  bank,  though  not  named  in  the 
Constitution,  was  among  the  powers 
contemplated  by  that  instrument,  which 
gave  Congress  authority  to  make  all 
laws  nece-s-sary  and  proper  for  carrying 
into  execution  the  powers  expressly 
granted.  The  advocates  of  the  bank 
claimed,  that  it  was  equally  necessary 
and  proper,  and  that  similar  institu 
tions  had  been  required  in  all  well  reg 
ulated  communities,  for  the  manage 
ment  of  the  finances,  and  for  the  attain 
ment  of  the  great  ends  of  civil  govern 
ment.  The  opponents  of  the  bank 
denied  its  necessity  or  utility,  and  as 
serted  that  the  construction  of  the  Con 
stitution,  given  by  the  gentlemen  on 
the  other  side,  was  too  broad  and  dan 
gerous  to  be  admitted,  they  maintain 
ing,  that  no  means  were  to  be  held 
"  necessary"  for  the  purpose  of  carrying 
into  execution  the  specified  powers,  ex 
cept  those,  without  which,  the  powers 
granted  would  be  nugatory,  or  the 
ends  contemplated  absolutely  unat 
tainable.* 


*  Marshall  gives  a  careful  resume  of  the  arguments 
on  both  sides  of  this  important  constitutional  ques 
tion.  We  deem  it  of  sufficient  interest  and  value,  to 
quote  it  in  full,  in  the  Appendix,  at  the  end  of  the  pres 
ent  chapter.  Tucker,  in  his  "  Life  of  Jefferson,"  vol. 
5.,  pp.  341-46,  presents  a  condensed  view  of  the  argu 
ments,  by  which  the  constitutionality  of  a  bank  of 
the  United  States  was  assailed  and  defended. 


On  the  8th  of  February,  1791,  the 
bill  was  passed,  by  a  vote  of  thirty-nine 
to  twenty.  The  preamble  gave,  as  the 

principal  reasons  for  its  adop- 
•  IYOI 

tion,  "that  it  would  be  con 
ducive  to  the  successful  conducting  of 
the  national  finances,  give  facility  to 
the  obtaining  of  loans  for  the  use  of 
the  government,  in  sudden  emergen 
cies,"  and  would  also  "be  productive 
of  considerable  advantage  to  trade  and 

o 

industry  in  general." 

The  capital  stock  of  the  bank  was 
$10,000,000 ;  of  which  $2,000,000  were 
subscribed  for  the  benefit  of  the  United 
States,  and  the  residue  by  individuals. 
One-fourth  of  the  sums  subscribed  by 
individuals,  was  to  be  paid  in  gold  and 
silver,  and  three-fourths  in  the  public 
debt.  By  the  act  of  incorporation,  it 
was  to  be  a  bank  of  discount  as  well  as 
deposit,  and  its  bills,  which  were  pay 
able  in  gold  and  silver,  on  demand, 
were  made  receivable  in  all  payments 
to  the  United  States.  The  bank  was 
located  at  Philadelphia,  with  power  in 
the  directors,  to  establish  offices  of  dis 
count  and  deposit  only,  wherever  they 
should  think  fit,  within  the  United 
States.  The  question  of  establishing 
branches  elsewhere,  than  at  the  seat 
of  government,  it  may  be  noted,  was 
not  disputed  at  the  time.  That  point 
came  up  at  a  later  date. 

The  duration  of  the  charter  was  lim 
ited  to  the  4th  of  March,  1811;  and 
the  faith  of  the  United  States  was 
pledged,  that  during  that  period,  no 
other  bank  should  be  established  un 
der  their  authority.  One  of  the  fun 
damental  articles  of  the  incorporation 
was,  that  no  loan  should  be  made 


CH.  V.] 


CENSUS   OF  THE  UNITED  STATES. 


297 


1791. 


to  the  United  States,  for  more  than 
$100,000,  or  to  any  particular  state 
for  more  than  $50,000,  or  to  any  for 
eign  prince,  or  state,  unless  previously 
authorized  by  a  law  of  the  United 
States.  The  books  were  opened  for 
subscriptions,  in  July,  1791,  and,  in 
two  horn's'  time,  the  whole  number  of 
shares  offered  was  taken  up. 

Not  only  in  the  House,  but  also  in 
the  cabinet,  this  question  of  constitu 
tional  power  excited  earnest  discussion. 
Jefferson  and  Randolph  opposed 
the  establishment  of  the  bank; 
Hamilton  and  Knox  advocated  its  con 
stitutionality ;  Washington,  with  that 
cautious  wisdom  which  characterized 
his  course,  required  of  each  member  of 
the  cabinet,  a  statement  of  his  views 
and  reasonings  in  writing ;  having  care 
fully  weighed  and  deliberated  upon  the 
subject,  he  affixed  his  signature  to  the 
act. 

Chief  Justice  Marshall,  after  calling 

~ 

attention  to  the  fact,  that  the  judgments 
of  men  are  frequently  influenced  more 
than  they  are  aware,  by  their  wishes, 
their  affections,  or  the  theories  they 
may  entertain  on  political  subjects,  goes 
on  to  state,  that  "  this  measure  made  a 
deep  impression  on  many  members  of 
the  legislature,  and  contributed,  not  in 
considerably,  to  the  complete  organiza 
tion  of  those  distinct  and  visible  parties, 
which,  in  their  long  and  dubious  con 
flict  for  power,  have  since  shaken  the 
United  States  to  their  centre."* 

*  "  Life  of  Washington,  vol.  ii.,  pp.  206.  Pitkin, 
writing  in  1827,  is  also  worth  quoting:  "Experience 
has  proved  the  expediency,  if  not  the  absolute  neces 
sity,  of  an  institution  of  this  kind,  to  enable  the  gov 
ernment  to  manage  its  great  concerns ;  and  has  like- 


Early  in  January,  1791,  a  conven 
tion  was  held  at  Bennington,  Vermont, 
which  adopted  the  Federal  Constitu 
tion,  and  applied  to  Congress,  to  be  ad 
mitted  into  the  Union.  New  Hamp 
shire  and  New  York  had  both  laid 
claim  to  the  territory  of  this  state,  and 
both  had  made  grants  of  land  within 
its  limits.  In  1777,  the  inhabitants  re 
fusing  to  submit  to  either,  declared 
themselves  independent.  After  a  long 
and  vexatious  controversy,  the  various 
disputes  were  put  to  rest,  and  on  the 
18th  of  February,  Vermont  was  ad 
mitted,  by  an  act  of  Congress,  into  the 
Union.f 

In  the  census  of  the  United  States, 
ordered  in  1790,  the  entire  population 
was  classified  into  five  divisions"  only ; 
and  these,  with  the  totals  under  each, 
we  give.  1st.  Free  white  males,  under 
sixteen  years  of  age,  802,127;  2d.  Free 
white  males,  above  the  age  of  sixteen, 
813,498 ;  3d.  Free  white  females,  1,556,- 
839 ;  4th.  All  other  persons,  except  In 
dians,  not  taxed,  59,4G6;  5th.  Slaves, 
697,897;  in  all  3,929,827  souls. 


wise  evinced  the  profound,  and  almost  unerring 
judgment  of  that  great  man,  who,  as  chief  magistrate, 
gave  it  his  sanction.  Though  this  question,  for  many 
years  afterwards,  agitated  the  public  mind,  and 
divided  the  national  councils;  yet  the  late  establish 
ment  of  a  national  bank,  (1810,)  with  a  capital  of 
$35,000,000,  with  the  approbation  and  consent  of 
those,  heretofore  opposed  to  it  on  constitutional 
grounds,  must  rescue  the  names  of  the  authors  of 
the  first  bank,  from  the  reproach  then  cast  upon 
them,  for  a  violation  of  the  Constitution  ;  and  has,  it 
is  presumed,  put  the  question  at  rest." 

t  Kentucky,  at  that  time  a  part  of  Virginia,  ap 
plied,  as  Washington  informed  Congress,  in  his 
speech,  for  admission  into  the  Union.  He  spoke  in 
high  terms  of  the  harmony  and  liberality  of  feeling 
on  both  sides,  and  of  the  warm  attachment  of  the 
Kentuckians  to  the  Union. 


298 


ACTION   OF  THE  FIRST  CONGRESS. 


[BK.  IV. 


Beside  the  establishment  of  the  bank 
of  the  United  States,  and  the  passage 
of  the  Excise  Law,  Congress  resolved 
upon  having  a  mint  for  the  national 
coinage ;  it  authorized  an  increase  of 
the  army,  and  the  raising  a  military 
force  to  resist  the  Indians,  and  provided 
for  the  maintenance  of  these  additional 
troops;  it  also  appropiated  above 
$1,200,000  to  various  branches  of  the 
public  service,  making  the  expenses  of 
the  year  $4,000,000,  part  of  which  had 
to  be  met  by  loans,  since  the  surplus 
of  the  former  year  had  been  applied 
to  the  paying  off  part  of  the  national 
debt,  as  a  former  act  of  Congress  had 
directed.  We  may  mention  in  this 
connection,  that  the  exports  of  the 
year  were  computed  to  amount  to  some 
$19,000,000,  and  the  imports  to  about 
$20,000,000. 

On  the  3d  of  March  1791,  the  first 
Congress  elected  under  the  Constitu 
tion,  terminated  its  busy  and  important 
career.  "The  party  denominated  fed 
eral,"  as  Marshall  remarks,  "  having 
prevailed  at  the  elections,  a  majority 
of  the  members  were  steadfast  friends 
of  the  Constitution.  To  organize  a  gov 
ernment,  to  retrieve  the  national  char 
acter,  to  establish  a  system  of  revenue, 
and  to  create  public  credit,  were  among 


the  arduous  duties  which  were  imposed 
upon    them,    by   the  situation 

•  1791 

of  their  country.  With  per 
severing  labor,  guided  by  no  consider 
able  portion  of  virtue  and  intelligence, 
these  objects  were,  in  a  great  degree, 
accomplished.  Had  it  even  been  the 
happy  and  singular  lot  of  America  to 
see  its  national  legislature  assemble  un 
influenced  by  those  prejudices  which 
grew  out  of  the  previous  divisions  of 
the  country,  the  many  delicate  points 
which  they  were  under  the  necessity 
of  deciding,  could  not  have  failed  to 
disturb  this  enviable  state  of  harmony, 
and  to  mingle  some  share  of  party  spirit 
with  their  deliberations.  But  when  the 
actual  state  of  the  public  mind  was  con 
templated,  and  due  weight  was  given 
to  the  important  consideration  that,  at 
no  very  distant  day,  a  successor  to  the 
present  chief  magistrate  must  be  elect 
ed,  it  was  still  less  to  be  hoped  that  the 
first  Congress  could  pass  away,  without 
producing  strong  and  permanent  dispo 
sition  in  parties,  to  impute  to  each  other 
designs  unfriendly  to  the  public  happi 
ness.  As  yet,  however,  these  imputa 
tions  did  not  extend  to  the  president. 
His  character  was  held  sacred,  and  the 
purity  of  his  motives  was  admitted  by 
all." 


Cn.  Y.I              WAS  THE  UNITED  STATE! 

3  BANK  CONSTITUTIONAL?                   299 

APPENDIX    TO 

CHAPTER     V. 

* 

WAS,    OR   WAS   NOT,   THE   CREATION    OF   THE 

1st.  To  lay  taxes  to  provide  for  the  general 

BANK    OF    THE    UNITED    STATES   A    CONSTI 

welfare  of  the  United  States.     The  power  here 

TUTIONAL   ACT? 

conveyed,  it  was  observed,  was  "  to  lay  taxes," 

THIS  question  was  investigated  with  great  labor, 

the  purpose  was  "  the  general  welfare."    Congress 

j 

and  being  one  involving  principles  of  the  utmost 

could  not  lay  taxes  ad  libitum,  but  could  only  lay 

i 

importance  to  the  United  States,  on  which  the 

them  for  the  general  welfare;  nor  did  this  clause 

parties  were  divided,  the  subject  \vas  presented 

authorize  that  body  to  provide  for  the  general 

in  all  the  views  of  which  it  was  susceptible.     A 

welfare  otherwise  than  by  laying  taxes  for  that 

perusal  of  the  arguments  used  on  the  occasion 

purpose. 

would  certainly  afford  much  gratification  to  the 

2dly.  To  make  all  laws  which  shall  be  neces 

curious,  and  their  insertion  at  full  length  would 

sary  and  proper  for  carrying  into  execution  the 

1 

perhaps  be  excused  by  those  who  recollect  the 

enumerated  powers. 

interest  which  at  the  time  was  taken  in  the  meas 

But  they  can   all  .  be   carried   into   execution 

ure  to  which  they  related,  and  the  use  which  was 

without  a  bank.     A  bank,  therefore,  is  not  neces 

made  of  it  by  the  opponents  of  the  then  adminis 

sary,  and  consequently  not  authorized  by  this 

tration  ;  but  the  limits  prescribed  for  this  work 

phrase. 

1 

will  not  permit  the  introduction  of  such  volum 

It  had  been  much  urged  that  a  bank  would  givi 

inous  papers.   It  may  however  be  expected  that  the 

great  facility  or  convenience  in  the  collection  ol 

outline  of  that  train  of  reasoning  with  which  each 

taxes.     Suppose  this  were  true  ;  yet  the  Constitu 

opinion  was  supported,  and  on  which  the  judg 

tion  allows  only  the  means  which  are  necessary 

ment  of  the  president  was  most  probably  formed, 

not  those  which  are  convenient.     If  such  a  latv 

should  be  briefly  stated. 

tude  of  construction  be  allowed  this  phrase,  as  t<. 

To  prove  that  the  measure  was  not  sanctioned 

give  any  non-enumerated  power,  it  will   go   to 

by  the  Constitution,  the  general  principle  was  as 

every  one  ;  for  there  is  no  one  which  ingenuity 

serted,  that  the  foundation  of  that  instrument  was 

may  not  torture  into  a  convenience,  in  some  way 

laid  on  this  ground,  "  that  all  powers  not  delegated 

or  other,  to  some  one  of  so  long  a  list  of  enumerated 

to  the  United  States  by  the  Constitution,  nor  pro 

powers.     It  would  swallow  up  all  the  list  of  enu 

hibited   by  it  to  the  states,  are  reserved  to  the 

merated  powers,  and  reduce  the  whole  to   one 

states  or  to  the  people."     To  take  a  single  step 

phrase.     Therefore  it  was  that  the  Constitution 

1 

beyond  the  boundaries  thus  specially  drawn  around 

restrained  them  to  necessary  means,  that  is  to  say, 

the  powers  of  Congress,  is  to  take  possession  of  a 

to  those  means  without  which  the  grant  of  the 

boundless  field  of  power,  no  longer  susceptible  of 

power  must  be  nugatory. 

definition. 

The  convenience  was  then  examined.     This  had 

The  power  in  question  was  said  not  to  be  among 

been  stated  in  the  report  of  the  secretary  of  the 

those  which  were  specially  enumerated,  nor  to  be 

treasury  to   Congress,  to  consist  in  the  augmen 

included    within    either   of  the   general   phrases 

tation  of  the  circulating  medium,  and  in  preventing 

which  are  to  be  found  in  the  Constitution. 

the  transportation  and  retransportation  of  money 

The  article  which   contains    this   enumeration 

between  the  states  and  the  treasury. 

was  reviewed  ;  each  specified  power  was  analysed  ; 

The  first  was  considered  as  a  demerit.     The 

and  the  creation  of  a  corporate  body  was  declared 

second,  it  was  said,  might  be  effected  by  other 

to  be  distinct  from  either  of  them. 

means.     Bills   of  exchange  and  treasury  drafts 

The  general  phrases  are  : 

would  supply  the  place  of  bank  notes.     Perhaps 

| 

300 


APPENDIX  TO   CHAPTER  V. 


[BK.  IV. 


indeed  bank  bills  would  be  a  more  convenient 
vehicle  than  treasury  orders ;  but  a  little  differ 
ence  in  the  degree  of  convenience  cannot  consti 
tute  the  necessity  which  the  Constitution  makes 
the  ground  for  assuming  any  non-enumerated 
power. 

Besides,  the  existing  state  banks  would,  without 
doubt,  enter  into  arrangements  for  lending  their 
agency.  This  expedient  alone  suffices  to  prevent 
the  existence  of  that  necessity,  which  may  justify 
the  assumption  of  a  non-enumerated  power  as 
a  means  for  carrying  into  effect  an  enumerated 
one. 

It  may  be  said  that  a  bank  whose  bills  would 
have  a  currency  all  over  the  states,  would  be  more 
convenient  than  one  whose  currency  is  limited  to  a 
single  state.  So  it  would  be  still  more  convenient 
that  there  should  be  a  bank  whose  bills  should 
have  a  currency  all  over  the  world  ;  but  it  does  not 
follow  from  this  superior  convenience,  that  there 
exists  anywhere  a  power  to  establish  such  a  bank, 
or  that  the  world  may  not  go  on  very  well  with 
out  it. 

For  a  shade  or  two  of  convenience,  more  or 
less,  it  cannot  be  imagined  that  the  Constitution 
intended  to  invest  Congress  with  a  power  so  im 
portant  as  that  of  erecting  a  corporation. 

In  supporting  the  constitutionality  of  the  act, 
it  was  laid  down  as  a  general  proposition,  "  that 
every  power  vested  in  a  government  is  in  its  na 
ture  sovereign,  and  includes  by  force  of  the  term, 
a  right  to  employ  all  the  means  requisite  and 
fairly  applicable  to  the  attainment  of  the  ends  of 
such  power  ;  and  which  are  not  precluded  by  re 
strictions  and  exceptions  specified  in  the  Constitu 
tion,  are  not  immoral,  are  not  contrary  to  the 
essential  ends  of  political  society. 

This  principle,  in  its  application  to  government 
in  general,  would  be  admitted  as  an  axiom ;  and 
it  would  be  incumbent  on  those  who  might  re 
fuse  to  acknowledge  its  influence  in  American 
affairs  to  prove  a  distinction ;  and  to  show  that  a 
rule  which,  in  the  general  system  of  things,  is  es 
sential  to  the  preservation  of  the  social  order,  is 
inapplicable  to  the  United  States. 

The  circumstances  that  the  powers  of  sovereign 
ty  are  divided  between  the  national  and  state 
governments,  does  not  afford  the  distinction  re 
quired.  It  does  not  follow  from  this,  that  each 
of  the  portions  of  power  delegated  to  the  one  or 


to  the  other,  is  not  sovereign  with  regard  to  its 
proper  objects.  It  will  only  follow  from  it,  that 
each  has  sovereign  power  as  to  certain  things,  and 
not  as  to  other  things.  If  the  government  of  the 
United  States  does  not  possess  sovereign  power 
as  to  its  declared  purposes  and  trusts,  because  its 
power  does  not  extend  to  all  cases,  neither  would 
the  several  states  possess  sovereign  power  in  any 
case;  for  their  powers  do  not  extend  to  every 
case.  According  to  the  opinion  intended  to  be 
combated,  the  United  States  would  furnish  the 
singular  spectacle  of  a  political  society  without 
sovereignty,  or  a  people  governed  without  a  gov 
ernment. 

If  it  could  be  necessary  to  bring  proof  of  a 
proposition  so  clear  as  that  which  affirms  that  the 
powers  of  the  federal  government,  as  to  its  objects, 
were  sovereign,  there  is  a  clause  in  the  Constitu 
tion  which  is  decisive.  It  is  that  which  declares  the 
Constitution  of  the  United  States,  the  laws  made 
in  pursuance  of  it,  and  the  treaties  made  under  its 
authority  to  be  the  supreme  law  of  the  land.  The 
power  which  can  create  the  supreme  law  in  any 
case,  is  doubtless  sovereign  as  to  such  case. 

This  general  and  indisputable  principle  puts  an 
end  to  the  abstract  question,  whether  the  United 
States  have  power  to  erect  a  corporation  :  for  it 
is  unquestionably  incident  to  sovereign  power  to 
erect  corporations,  and  consequently  to  that  of 
the  United  States,  in  relation  to  the  objects  in 
trusted  to  the  management  of  the  government. 
The  difference  is  this  ;  where  the  authority  of  the 
government  is  general,  it  can  create  corporations 
in  all  cases;  where  it  is  confined  to  certain 
branches  of  legislation,  it  can  create  corporations 
only  in  those  cases'. 

That  the  government  of  the  United  States  can 
exercise  only  those  powers  which  are  delegated 
by  the  Constitution,  is  a  proposition  not  to  be 
controverted ;  neither  is  it  to  be  denied  on  the 
other  hand,  that  there  are  implied  as  well  as  ex 
press  powers,  and  that  the  former  arc  as  effectually 
delegated  as  the  latter.  For  the  sake  of  accuracy 
it  may  be  observed,  that  there  are  also  resulting 
powers.  It  will  not  be  doubted,  that  if  the  United 
States  should  make  a  conquest  of  any  of  the  ter 
ritories  of  its  neighbors,  they  would  possess  sov 
ereign  jurisdiction  over  the  conquered  territory. 
Tliis  would  rather  be  a  result  of  the  whole  mass 
of  the  powers  of  the  government,  and  from  the 


r 

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t 
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s 
d 

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a 
e 

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i- 

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e 

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Y 
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i 
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J 

CH.  V.] 


WAS  THE  UNITED  STATES   BANK   CONSTITUTIONAL? 


301 


nature  of  political  society,  than  a  consequence  of 
either  of  the  powers  specially  enumerated.  This 
is  an  extensive  case  in  which  the  power  of  erect 
ing  corporations  is  either  implied  in,  or  would 
result  from  some  or  all  of  the  powers  vested  in 
the  national  government. 

Since  it  must  be  conceded  that  implied  powers 
are  as  completely  delegated  as  those  which  are 
expressed,  it  follows  that,  as  a  power  of  erecting 
a  corporation  may  as  -well  be  implied  as  any 
other  thing,  it  may  as  well  be  employed  as  an 
instrument  or  mean  of  carrying  into  execution  any 
of  the  specified  powers  as  any  other  instrument  or 
mean  whatever.  The  question  in  this  as  in  every 
other  case  must  be,  whether  the  mean  to  be  em 
ployed  has  a  natural  relation  to  any  of  the  ac 
knowledged  objects  or  lawful  ends  of  the  govern 
ment.  Thus  a  corporation  may  not  be  created 
by  Congress  for  superintending  the  police  of  the 
city  of  Philadelphia,  because  they  are  not  author 
ized  to  regulate  the  police  of  that  city ;  but  one 
may  be  created  in  relation  to  the  collection 
of  the  taxes,  or  to  the  trade  with  foreign  coun 
tries,  or  between  the  states,  or  with  the  Indian 
tribes,  because  it  is  in  the  province  of  the  federal 
government  to  regulate  those  objects  ;  and  because 
it  is  incident  to  a  general  sovereign  or  legislative 
power  to  regulate  a  thing,  to  employ  all  the 
means  which  relate  to  its  regulation,  to  the  best 
and  greatest  advantage. 

A  strange  fallacy  seems  to  have  crept  into  the 
manner  of  thinking  and  reasoning  upon  this  sub 
ject.  The  imagination  has  presented  an  incorpo 
ration  as  some  great,  independent,  substantive 
thing — as  a  political  end  of  peculiar  magnitude 
and  moment ;  whereas  it  is  truly  to  be  considered 
as  a  quality,  capacity,  or  mean  to  an  end.  Thus 
a  mercantile  company  is  formed  with  a  certain 
capital,  for  the  purpose  of  carrying  on  a  particular 
branch  of  business.  The  business  to  be  prose 
cuted  is  the  end.  The  association  in  order  to  form 
the  requisite  capital  is  the  primary  mean.  Let 
an  incorporation  be  added,  and  you  only  add  a 
new  quality  to  that  association  which  enables  it 
to  prosecute  the  business  with  more  safety  and 
convenience.  The  association  when  incorporated 
still  remains  the  mean,  and  cannot  become  the 
end. 

To  this  reasoning  respecting  the  inherent  right 
of  government  to  employ  all  the  means  requisite 
VOL.  II.— 38 


to  the  execution  of  its  specified  powers,  it  is  ob 
jected,  that  none  but  necessary  and  proper  means 
can  be  employed ;  and  none  can  be  necessary,  but 
those  without  which  the  grant  of  the  power  would 
be  nugatory.  So  far  has  this  restrictive  inter 
pretation  been  pressed  as  to  make  the  case  of 
necessity,  which  shall  warrant  the  constitutional 
exercise  of  a  power,  to  depend  upon  casual  and 
temporary  circumstances;  an  idea,  which  alone 
confutes  the  construction.  The  expedience  of  ex 
ercising  a  particular  power,  at  a  particular  time, 
must  indeed  depend  on  circumstances,  but  the 
constitutional  right  of  exercising  it  must  be  uni 
form  and  invariable.  All  the  arguments,  there 
fore,  drawn  from  the  accidental  existence  of  cer 
tain  state  banks  which  happen  to  exist  to-day, 
and  for  aught  that  concerns  the  government  of 
the  United  States  may  disappear  to-morrow,  must 
not  only  be  rejected  as  fallacious,  but  must  be 
viewed  as  demonstrative  that  there  is  a  radical 
source  of  error  in  the  reasoning. 

But  it  is  essential  to  the  being  of  the  govern 
ment  that  so  erroneous  a  conception  of  the  mean 
ing  of  the  word  necessary  should  be  exploded. 

It  is  certain,  that  neither  the  grammatical  nor 
popular  sense  of  the  term  requires  that  construc 
tion.  According  to  both,  necessary  often  means 
no  more  than  needful,  requisite,  incidental,  useful, 
or  conducive  to.  It  is  a  common  mode  of  expres 
sion  to  say  that  it  is  necessary  for  a  government 
or  a  person  to  do  this  or  that  thing,  where  nothing 
more  is  intended  or  understood  than  that  the  in 
terest  of  the  government  or  person  require,  or 
will  be  promoted  by  doing  this  or  that  thing. 

This  is  the  true  sense  in  which  the  word  is 
used  in  the  Constitution.  The  whole  turn  of  the 
clause  containing  it  indicates  an  intent  to  give  by 
it  a  liberal  latitude  to  the  exercise  of  the  specified 
powers.  The  expressions  have  peculiar  compre 
hensiveness.  They  are  "to  make  all  laws  neces 
sary  and  proper  for  carrying  into  execution  the 
foregoing  powers,  and  all  other  powers  vested  by 
the  Constitution  in  the  government  of  the  United 
States,  or  in  any  department  or  office  thereof." 
To  give  the  word  "necessary"  the  restrictive 
operation  contended  for,  would  not  only  depart 
from  its  obvious  and  popular  sense,  but  would 
give  it  the  same  force  as  if  the  word  absolutely  or 
indispensably  had  been  prefixed  to  it. 

Such  a  construction  would  beget  endless  uncer- 


302 


APPENDIX  TO   CHAPTER  V. 


[BK.  IV. 


tainty  and  embarrassment.  The  cases  must  be 
palpable  and  extreme,  in  which  it  could  be  pro 
nounced  with  certainty,  that  a  measure  was  abso 
lutely  necessary,  or  one  without  which  a  given 
power  would  be  nugatory.  There  are  few  meas 
ures  of  any  government  which  would  stand  so 
severe  a  test.  To  insist  upon  it  would  be  to  make 
the  criterion  of  the  exercise  of  an  implied  power 
a  case  of  extreme  necessity  ;  which  is  rather  a  rule 
to  justify  the  overleaping  the  bounds  of  constitu 
tional  authority  than  to  govern  the  ordinary  exer 
cise  of  it. 

The  degree  in  which  a  measure  is  necessary  can 
never  be  a  test  of  the  legal  right  to  adopt  it. 
The  relation  between  the  measure  and  the  end, 
between  the  nature  of  the  mean  employed  towards 
the  execution  of  a  power,  and  the  object  of  that 
power,  must  be  the  criterion  of  constitutionality, 
not  the  more  or  less  necessity  or  utility. 

The  means  by  which  national  exigencies  are  to 
be  provided  for,  national  inconveniencics  obviated, 
and  national  prosperity  promoted,  are  of  such  in 
finite  variety,  extent,  and  complexity,  that  there 
must  of  necessity  be  great  latitude  of  discretion 
in  the  selection  and  application  of  those  means. 
Hence  the  necessity  and  propriety  of  exercising 
the  authority  intrusted  to  a  government  on  prin 
ciples  of  liberal  construction. 

While  on  the  one  hand,  the  restrictive  inter 
pretation  of  the  word  necessary  is  deemed  inad 
missible,  it  will  not  be  contended  on  the  other, 
that  the  clause  in  question  gives  any  new  and  in 
dependent  power.  But  it  gives  an  explicit  sanc 
tion  to  the  doctrine  of  implied  powers,  and  is 
equivalent  to  an  admission  of  the  proposition  that 
the  government,  as  to  its  specified  powers  and  ob 
jects,  has  plenary  and  sovereign  authority. 

It  is  true  that  the  power  to  create  corporations 
is  not  granted  in  terms.  Neither  is  the  power  to 
pass  any  particular  law,  nor  to  employ  any  of  the 
means  by  which'  the  ends  of  the  government  are 
to  be  attained.  It  is  not  expressly  given  in  cases 
in  which  its  existence  is  not  controverted.  For 
by  the  grant  of  a  power  to  exercise  exclusive 
legislation  in  the  territory  which  may  be  ceded 
by  the  states  to  the  United  States,  it  is  admitted 
to  pass;  and  in  the  power  "to  .make  all  needful 


rules  and  regulations  respecting  the  territory  or 
other  property  of  the  United  States,"  it  is  ac 
knowledged  to  be  implied.  In  virtue  of  this 
clause,  has  been  implied  the  right  to  create  a 
government ;  that  is,  to  create  a  body  politic  or 
corporation  of  the  highest  nature ;  one  that,  in  its 
maturity,  will  be  able  itself  to  create  other  corpo 
rations.  Thus  has  the  Constitution  itself  refuted 
the  argument  which  contends  that,  had  it  been 
designed  to  grant  so  important  a  power  as  that 
of  erecting  corporations,  it  would  have  been  men 
tioned.  But  this  argument  is  founded  on  an  ex 
aggerated  and  erroneous  conception  of  the  nature 
of  the  power.  It  is  not  of  so  transcendent  a  kind 
as  the  reasoning  supposes.  Viewed  in  a  just  light, 
it  is  a  mean  which  ought  to  have  been  left  to  im 
plication,  rather  than  an  end  which  ought  to  have 
been  expressly  granted. 

The  power  of  the  government  then  to  create 
corporations  in  certain  cases  being  shown,  it  re 
mained  to  inquire  into  the  right  to  incorporate  a 
banking  company,  in  order  to  enable  it  the  more 
effectually  to  accomplish  ends  which  were  in  them 
selves  lawful. 

To  establish  such  a  right  it  would  be  necessary 
to  show  the  relation  of  such  an  institution  to  one 
or  more  of  the  specified  powers  of  government. 

It  was  then  affirmed  to  have  a  relation  more  or 
less  direct  to  the  power  of  collecting  taxes,  to 
that  of  borrowing  money,  to  that  of  regulating 
trade  between  the  states,  to  those  of  raising,  sup 
porting,  and  maintaining  fleets  and  armies ;  and 
in  the  last  place  to  that  which  authorizes  the 
making  of  all  needful  rules  and  regulations  con 
cerning  the  property  of  the  United  States,  as  the 
same  had  been  practised  upon  by  the  government. 

The  secretary  of  the  treasury  next  proceeded, 
by  a  great  variety  of  arguments  and  illustrations, 
to  prove  the  position,  that  the  measure  in  question 
was  a  proper  mean  for  the  execution  of  the  sev 
eral  powers  which  were  enumerated,  and  also  con 
tended  that  the  right  to  employ  it  resulted  from 
the  whole  of  them  taken  together.  To  detail 
those  arguments  would  occupy  too  much  space, 
and  is  the  less  necessary,  because  their  correct 
ness  obviously  depends  on  the  correctness  of  the 
principles  which  have  been  already  stated. 


CH.  VI.] 


WASHINGTON'S    SOUTHERN    VISIT. 


303 


CHAPTER    VI. 

1791-1793. 


CLOSE      OF     TVASHINGTONS      FIRST     TERM      OF     SERVICE. 

Washington's  visit  to  the  Southern  States  —  Opening  speech  to  Congress  —  General  St.  Clair  appointed  Commander- 
in-chief  of  the  forces  against  the  Indians  in  the  North-west — His  defeat  —  Apportionment  of  Representatives  — 
Washington's  veto  —  Additional  troops  required  —  Additional  supplies  necessary  — Hamilton's  recommendation 

—  Other  acts  of  the  session  —  Ministers  to  foreign  courts  —  Party  organizations  —  Differences  between  Jefferson 
and  Hamilton  — Marshall's  account  of  the  matter —  Other  causes  of  difference  —  The  press  used  by  both  sides  — 
Virulence  of  the  party  press  —  Washington's  attempt  to  reconcile  the  two  secretaries  —  Opposition  to  the  laws 
laying  duties  on  domestic  spirits  —  Mr.  Hammond,  minister  from  England — Efforts  to  make  peace  with  the 
Indians  —  Second  session  of  the  second  Congress  —  Washington's  speech  —  Hamilton  called  on  for  report  on 
redemption  of  the  debt  —  Mr.  Giles's  resolutions  —  Hamilton's  rejoinder  —  Resolutions  rejected  —  Other  business 

—  Washington  urged  to  serve  for  a  second  term  —  Letters  to  him  from  Jefferson,  Hamilton,  and  Randolph  — 
Washington  unanimously  re-elected — John  Adams  re-elected — State  of  parties  in  Congress  —  Effects  of  the 
French  Revolution  upon  the  political  condition  and  prospects  of  the  United  States. 


1791. 


WASHINGTON  had  been  for  some  time 
desirous  of  visiting  the  southern  states, 
for  a  purpose  similar  to  that  which  led 
him  to  New  England,  in  the  autumn 

O 

of  1789.  Accordingly,  having  made 
his  arrangements,  he  set  off  about  the 
middle  of  March,  and  protracted 
his  tour  for  three  months.  His 
course  lay  through  Richmond,  Wil 
mington,  and  Charleston,  to  Savannah ; 
and  thence  he  returned  by  Augusta, 
Columbia,  and  the  interior  of  North 
Carolina  and  Virginia,  And  it  is  stated, 
as  one  fact  connected  with  this  visit, 
that  he  performed  the  whole  of  the 
eighteen  hundred  and  eighty-seven 
miles  with  the  same  horses.  Another 
incident  is  not  less  characteristic  of  his 
fixed  habits.  In  preparation  for  so  long 
and  so  remote  an  absence  from  the  seat 
of  government,  he  planned  beforehand 
the  entire  route ;  settling  the  precise 
days  on  which  he  should  arrive,  and 


the  length  of  time  which  he  should 
stay,  at  each  place ;  and  as  not  a  single 
accident  happened,  he  fulfilled  it  exact 
ly,  compensating  for  a  longer  halt  at 
one  place,  by  a  shorter  one  at  the  next ; 
and  thus  was  in  constant  and  regular 
communication  with  the  heads  of  the 
departments  of  state  throughout  the 
whole  tour. 

He  everywhere  received  the  same 
proofs  of  attachment  which  had  been 
manifested  in  the  middle  and  eastern 
states ;  and  it  afforded  him  especial  grat 
ification  to  observe  the  steadily  increas 
ing  prosperity  of  the  country.  While 
on  this  tour,  Washington  spent  several 
days  on  the  Potomac,  where  he  executed 
finally  the  powers  vested  in  him  by 
Congress,  for  fixing  upon  a  site  for  the 
metropolis  of  the  United  States.  The 
planning  and  laying  out  the  city,  and 
the  necessary  attention  to  the  erecting 
the  public  buildings,  occupied  a  good 


fr 


304 


CLOSE   OF  WASHINGTON'S   FIRST  TERM   OF  SERVICE. 


[BK.  IV. 


1791. 


deal  of  the  president's  attention,  for 
three  or  four  years  subsequently. 

During  the  summer,  the  new  House 
of  Representatives  was  elected,  and  the 
vacancies  in  the  Senate,  occasioned  by 
the  retirement  of  a  third  of  its  members, 
were  filled  up.*  Jonathan  Trumbull, 
of  Connecticut,  was  chosen  speaker  of 
the  House,  and  it  was  evident  that  the 
opponents  of  the  federalists  were  gra 
dually  attaining  greater  force  in  Con 
gress. 

At  the  opening  of  the  first  session  of 
the  second  Congress,  October  25th, 
1791,  the  president,  in  his  speech,  no 
ticed  with  pleasure,  the  prosper 
ous  situation  of  the  country  un 
der  the  new  system  of  government. 
"  Your  own  observations  in  your  respec 
tive  districts,"  he  stated,  "will  have 
satisfied  you  of  the  progressive  state  of 
agriculture,  manufactures,  commerce, 
and  navigation :  in  tracing  their  causes, 

o  o 

you  will  have  remarked,  with  particu 
lar  pleasure,  the  happy  effects  of  that 
revival  of  confidence,  public  as  well  as 
private,  to  which  the  Constitution  and 
laws  of  the  United  States  so  obviously 
contributed.  And  you  will  have  ob 
served,  with  no  less  interest,  new  and 
decisive  proofs  of  the  increasing  reputa 
tion  and  credit  of  the  nation." 

The  frontier  war  with  the  Indian 
tribes,  the  president  spoke  of  at  length, 
detailing  what  had  been  done  to  bring 
it  to  a  conclusion,  and  how  far  success 
had  attended  his  efforts.  "  A  system," 
said  he,  referring  to  his  hopes  respect- 


*  Aaron  Burr,  at  a  later  date  of  infamous  notoriety, 
was  sent  as  Senator  from  New  York,  in  place  of 
Philip  Schuyler. 


ing  the  issue  of  his  more  recent  plans, 
"  corresponding  with  the  mild  principles 
of  religion  and  philanthropy,  towards 
an  unenlightened  race  of  men,  whose 
happiness  materially  depends  on  the 
conduct  of  the  United  States,  would 
be  as  honorable  to  the  national  charac 
ter,  as  conformable  to  the  dictates  of 
sound  policy."  The  president  also  men 
tioned  the  commencement  of  the  ne»ir 
city  on  the  banks  of  the  Potomac  ;  tho 
completion  of  the  first  census ;  and  the 
negotiation  of  two  further  loans,  as 
forming  parts  of  the  survey  of  the  state 
of  affairs  needful  on  the  occasion.  To 
the  Senate,  he  referred  two  treaties 
with  the  Indians,  for  ratification ;  and 
to  the  House  of  Representatives,  besides 
a  general  statement  of  the  financial 
affairs  to  be  placed  before  them,  ho 
spoke  in  terms  of  just  praise  of  their 
predecessors.  He  concluded,  by  ad 
verting  to  the  need  of  legislative  at 
tention  to  "the  militia,  the  post  office 
and  post  roadsr  the  mint,  weights  and 
measures,  and  a  provision  for  the  sale 
of  the  vacant  lands  of  the  United 
States." 

The  answers  of  the  two  Houses, 
though  not  couched  in  as  warm  terms 
as  on  previous  occasions,  nevertheless 
expressed  towards  Washington  very 
high  regard  and  esteem. 

The  president  having  been  vested 
with  authority,  to  call  out  the  mounted 
militia,  two  expeditions,  the  one  under 
General  Scott,  in  May,  the  other,  un 
der  General  Wilkinson,  in  September, 
had  been  conducted  against  the  Indian 
villages  on  the  Wabash ;  but  they  had 
produced  no  results  of  any  moment  to 
wards  settling  the  contest.  On  the 


Cn.  VI.] 


ST.  CLAIR  DEFEATED   BY  THE  INDIANS. 


1791. 


president's  nomination,  General  St. 
Clair,  governor  of  the  territory  north 
west  of  the  Ohio,  was  appointed  com- 
mander-in-chief  of  the  forces  to  be  em 
ployed  against  the  Indians.  He 
hastened  to  protect,  with  his 
army,  the  unfortunate  inhabitants  who 
were  now  left,  without  defence,  to  suf 
fer  all  the  midnight  horrors  of  Indian 
warfare.  With  a  force  amounting  to 

o 

-ie'arly  two  thousand  men,  St.  Clair 
marched  into  the  wilderness,  in  the 
month  of  October.  On  the  3d  of  No 
vember,  he  encamped  within  a  few 
miles  of  the  Miami  villages,  with  his 
army,  which  was  reduced  by  desertion 
and  detachments,  to  fourteen  hundred. 
Here  he  intended  to  remain  until  rein 
forced.  Notwithstanding  the  many 
melancholy  examples  of  similar  disas 
ters  in  the  armies  of  his  country,  St. 
Clair  suffered  himself  to  be  surprised. 
The  militia  who  were  posted  in  front, 
were  driven,  in  great  disorder,  upon 
the  regulars.  In  vain  did  St.  Clair  at 
tempt  to  rally  the  flying  militia,  and 
repulse  the  savages.  They  appeared 
on  all  sides  of  the  American  army,  and 
poured  in  such  a  deadly  fire  from  the 
surrounding  thickets,  as  strewed  the 
field  with  the  wounded,  the  dying,  and 
the  dead.  After  a  contest  of  three 
hours,  General  St.  Clair,  disabled  by 
indisposition  from  the  active  duties  of 
commander,  ordered  a  retreat,  which 
was  effected,  and  the  remnant  of  his 
army  saved  from  total  ruin.  The  vic 
torious  Indians  pursued  closely  about 
four  miles,  when  they  returned  to  share 
the  spoils  of  the  camp.  St.  Clair  re 
treated  to  Fort  Jefferson,  and  after 
wards  to  Fort  Washington.  In  this 


disastrous  engagement,  the  numbers 
on  each  side  were  about  equal.  Of 
the  Americans,  the  slaughter  was  al 
most  unparalleled.  Six  hundred  and 
thirty  were  killed  and  missing,  and  two 
hundred  and  sixty  were  wounded ;  a 
loss  which  proves  at  once  the  obstinacy 
of  the  defence,  and  the  bravery  of  the 
assailants.  The  loss  on  the  part  of  the 
Indians,  could  not  be  ascertained.  The 
conduct  of  General  St.  Clair  was  in 
quired  into,  by  order  of  Congress,  an 
inquiry  which  resulted  in  his  entire 
exculpation  from  censure. 

A  Avarm  debate  sprung  up  in  rela 
tion  to  the  new  apportionment  of  Rep 
resentatives,  in  accordance  with  the 
census,  which  had  been  taken  in  the 
preceding  year,  and  the  results  of 
which  were  now  ready  for  the  consid 
eration  of  Congress.  The  contest  was 
not  put  to  rest  till  the  following  April ; 
and  not  till  the  third  bill  was  con 
structed,  did  the  two  Houses  agree. 
The  fii-st  proposal  made  by  the  Repre 
sentatives,  was  to  adopt  the  lowest 
ratio  allowed  by  the  Constitution- 
thirty  thousand,  which  would  have 
raised  their  numbers  to  a  hundred  and 
thirteen ;  but  there  would  have  been 
large  fractions  of  population  in  the 
northern  states  left  unrepresented. 
The  Senate,  to  lessen  those  disfran 
chised  remnants,  raised  the  ratio  to 
thirty-three  thousand;  but  it  was  al 
leged,  that  then  there  were  fractions, 
though  not  so  large,  remaining  in  the. 

O  O       '  O 

southern  states.  The  House  would  not 
accept  the  change,  and  reiterated  its 
former  proposal  in  a  new  bill,  which 
also  arranged  the  taking  of  another 
census,  before  the  expiration  of  ten 


306 


CLOSE  OF  WASHINGTON'S   FIRST  TERM  OF  SERVICE. 


[BK.  IV. 


years ;  but  the  Senate  refused  its  assent 
to  this ;  and,  instead,  increased  the  num 
bers  to  a  hundred  and  twenty,  by  as 
signing  Representatives  to  the  largest 
fractions.  This,  which  violated  the  let 
ter  of  the  Constitution,  excited  greater 
heat  than  ever,  and  the  old  threat  of 
breaking  up  the  Union  was  resorted 
to.  A  committee  of  conference  was 
demanded,  at  length ;  and  in  the  end, 
the  scheme  of  the  Senate  was  carried 
by  a  majority  of  two,  out  of  sixty  votes. 
This  decision  has  been  remarked  upon, 
as  having  a  curious  bearing  upon  the 
old  political  controversies,  the  Repre 
sentatives  of  the  southern  states  being 
found  rejecting  the  amendment  of  the 
Senate,  which  embodied  their  own  state- 
sovereignty  principle  ;  and  those  of  the 
north  accepting  it,  although  they  were 
most  in  favor  of  the  opposite  principle 
of  polity. 

Washington  very  justly  considered 
this  mode  of  apportionment  as  contrary 
to  the  Constitution,*  and  on  the  5th 
of  April,  returned  the  bill  to 
Congress,  with  his  objections. 
The  first  was,  that  the  Constitution  had 
prescribed,  that  Representatives  should 
be  apportioned  among  the  several 
states,  according  to  their  respective 
numbers ;  and  that  there  was  no  one 
proportion  or  division  which,  applied  to 
the  respective  states,  would  yield  the 


*  A  difference  of  opinion  is  understood  to  have  ex 
isted  on  this  subject  in  the  cabinet.  The  secretary 
of  state  and  the  attorney-general  were  of  opinion 
that  the  act  was  at  variance  with  the  Constitution ; 
the  secretary  of  war  was  rather  undecided ;  and  the 
secretary  of  the  treasury,  thinking  that  neither  con 
struction  could  be  absolutely  rejected,  was  in  favor 
of  acceding  to  the  interpretation  given  by  the  legis 
lature. 


1792. 


number  and  allotment  of  Representa 
tives  proposed  by  the  bill.  The  second, 
that  by  the  Constitution,  the  number 
of  Representatives  should  not  exceed 
one  for  every  thirty  thousand ;  which 
restriction,  by  the  fair  and  obvious  con 
struction,  was  to  be  applied  to  the 
separate  and  respective  states ;  and  that 
the  bill  had  allotted  to  eight  states,  more 
than  one  for  every  thirty  thousand. 
This  was  the  first  instance  in  which  the 
president  had  exercised  his  veto  upon 
any  act  of  Congress.  The  bill  not 
being  repassed  by  two-thirds  of  both 
Houses,  was  rejected.  A  bill  was  after 
wards  passed,  April  9th,  by  a  vote  of 
thirty-four  to  thirty,  apportioning  the 
Representatives,  agreeably  to  a  ratio  of 
one  for  every  thirty-three  thousand  in 
each  state,  which  received  the  sanction 
of  the  president;  and  thus,  this  inter 
esting  part  of  the  Constitution  was 
finally  settled.* 

On  receiving  information  from  the 
president,  of  the  defeat  of  St.  Clair, 
Congress  were  called  upon  to  consider 
the  estimates  of  a  competent  force, 
which  were  prepared  and  laid  before 
them.  In  conformity  with  the  report 
of  the  secretary  of  war,  a  bill  was 
brought  into  the  House,  directing  three 
additional  regiments  of  infantry,  and  a 
squadron  of  cavalry  to  be  raised.  In 
this  case,  the  whole  military  establish 
ment  would  amount  to  five  thousand 
men. 

Singularly  enough,  even  this  necessa 
ry  measure  encountered  stronsr 

179'* 

opposition,    and    party   feeling 

*  See  "Abridgement  of  the  Debates  of  Congress," 
vol.  i.,  pp.  320-28;  374-77. 


CH.  VI.] 


PARTY   ORGANIZATIONS. 


307 


began  to  display  itself  pretty  freely. 
The  bill  finally  passed ;  and  as  increased 
expenses  connected  with  the  Indian 
war,  required  additional  revenue,  a  res 
olution  was  adopted,  calling  upon  the 
secretary  of  the  treasury  to  report 
upon  the  best  mode  of  raising  these 
additional  supplies  which  the  public 
service  required.  The  proposition  was 
\varmly  opposed ;  but  passed  by  a  vote 
of  thirty-one  to  twenty-seven. 

Hamilton,  in  his  report,  recommend 
ed  an  augmentation  of  duties  on  im 
ports  in  preference  to  a  loan,  or  the  sale 
of  the  stock  in  the  United  States  Bank, 
owned  by  the  government.  Marshall 
points  out,  that  the  secretary  had 
deemed  it  indispensable  to  the  public 
credit,  that  the  appropriation  of  funds 
for  the  payment  of  the  interest,  and  the 
gradual  redemption  of  the  principal  of 
the  debt,  should  be  not  only  suf- 

1VOQ 

ficient  but  permanent.  The 
vote  on  a  motion  made  to  limit  the 
duration  of  the  bill  proposed,  was  ra 
ther  remarkable.  Thirty-one  were  in 
favor  of  the  limitation,  and  thirty 
against  it.  By  the  rules  of  the  House, 
the  speaker  having  a  right  to  vote  as  a 
member,  and  in  case  of  a  tie  to  decide, 
as  speaker,  he  being  opposed  to  the 
limitation,  the  motion  was  lost  by  his 
voice. 

Amongst  the  other  acts  of  this  ses 
sion,  we  may  mention  one  for  securing 
constitutional  order  in  the  election  of 
the  president  and  vice-president,  and  for 
temporarily  supplying  a  possible  va 
cancy  in  both  offices  at  the  same  time. 
Above  $4,600,000  were  appropriated 
to  the  public  expenditure ;  more  than 
half  of  it  being  the  interest  of  the  debt; 


nearly  $675,000  for  the  increase  in  the 
arrny,  and  about  $420,000,  the  custom 
ary  charge  in  that  department;  and 
$612,000  for  carrying  on  the  other  ser 
vices  of  the  government.  The  session 
terminated  on  the  8th  of  May,  1792. 

We  may  mention  here,  also,  that  du 
ring  the  session,  Thomas  Pinckney  was 
nominated  minister  plenipotentiary  to 
England,  and  Gouverneur  Morris,  as 
minister  plenipotentiary  to  France. 
Both  these  nominations  were  confirmed 
by  the  Senate.  William  Short  was 
appointed  minister  resident  at  the 
Hague,  and  was  commissioned,  with  Mr. 
Carmichael,  to  effect  a  treaty  with 
Spain.  Paul  Jones,  during  the  sum 
mer,  was  appointed  a  commissioner  for 
treating  with  the  Dey  of  Algie'rs,  on 
the  subject  of  peace,  and  the  ransoming 
of  American  captives.*  The  letter, 
informing  of  his  appointment,  did  not, 
however,  reach  him ;  for  Jones  died  at 
Paris,  on  the  18th  of  July,  1792,  in  ab 
ject  poverty  and  destitution. 

The  tendency  to  the  distinct  organi 
zation  of  parties  was  becoming  every 
day  more  and  more  evident.  Great 
questions  were  at  issue ;  local 
feelings  were  roused;  preju 
dices  for  state  rights  and  powers  were 
strong;  personal  differences  and  jeal 
ousies  were  actively  at  work ;  and  it 
was  plain,  that  the  supporters  of  the 
government,  and  the  opponents  of  the 
measures  carried  through  Congress  by 
the  federalists,  were  ranging  them 
selves  on  one  side  or  the  other,  accord- 

*  It  will  hardly  be  credited,  at  the  present  day, 
that  these  insolent  pirates  obtained,  at  that  date,  a 
stipulation  from  our  country  to  pay  them,  as  the  price 
of  peace  and  immunity,  an  annual  trib  ite  of  $25,0001 


1792. 


308 


CLOSE   OF   WASHINGTON'S   FIRST  TERM   OF  SERVICE. 


[BK.  IV. 


ing  as  their  convictions,  their  prefer 
ences,  or  their  interests,  required  them 
to  decide  upon  their  political  course. 
That  parties,  in  some  shape,  must  exist, 
seems  a  clear  necessity ;  and  there  is 
no  better  reason  to  question  the  integ 
rity  and  patriotism  of  the  man  who 
chose  to  support  federal  doctrines,  than 
there  is  of  him  who  opposed  and  de 
nounced  them  with  all  his  might. 
From  the  circumstance  alone  of  his 
being  a  federalist  or  a  republican,  it 
was  not  possible  then,  any  more  than 
it  is  now,  to  judge  of  a  politician's  hon 
esty  and  purity.  We  have  no  doubt, 
that  there  were  honest  and  good  men 
of  both  and  all  parties ;  and  we  shall, 
in  tracing  the  further  history  of  our 
country,  endeavor  to  form  a  judgment 
of  the  motives  and  soundness  of  public 
men,  by  their  character  and  conduct, 
rather  than  by  the  party  to  which  they 
may  have  belonged. 

Washington,    whose    whole    career 

O  / 

showed  him  to  have  but  one  only  ob 
ject  in  view,  the  highest  and  best  in 
terests  of  his  country,  was  pained  and 
mortified  that  the  acerbity  and  dissen 
sions  of  party  were  on  the  increase,* 


*  Marshall,  in  sketching  the  complaints  of  the  anti- 
federalists,  shows  that  Washington  himself  was  not 
spared-.  His  appointed  days  and  hours  for  reception 
— rendered  requisite  for  the  economy  of  his  time — 
were  called  levees,  and  considered  an  affectation  of 
monarchy.  Some  arrangements  of  etiquette,  to  which 
he  had  acceded  whilst  at  New  York,  were  adduced 
as  proofs  of  similar  inclination  on  his  part.  The  vice- 
president  was  stigmatized  as  still  more  monarchical 
in  his  principles  and  in  his  life.  The  former,  indeed, 
he  had  published  to  the  world  whilst  in  England,  by 
his  u Thoughts  on  Republics;"  and  since  his  return, 
by  a  supplement  to  his  great  work,  which  he  called 
"Davila,"  Mr.  Adams,  it  may  be  noted,  never  con 
cealed  his  preferences  for  the  federal,  over  the  anti- 


not  simply  in  Congress,  but  in  his  very 
cabinet.  The  secretary  of  state  and 
the  secretary  of  the  treasury  had  not 
harmonized  from  the  beginning;  and 
as  the  latter  developped  more  fully  his 
financial  measures,  and  succeeded,  by 
his  masterly  ability,  in  carrying  them 
into  effective  operation,  so  the  former 
liked  them  less  and  less,  and  opposed 
them  in  every  way  in  his  power.  Con 
tests  of  this  kind  cannot  be  carried  on 
without  increasing  in  bitterness,  and 
widening  the  gulf  of  separation ;  so 
that  it  is  no  Avonder,  that  in  the  lapse 
of  a  few  years,  the  two  secretaries  were 
irreconcileably  at  variance  on  all  the 
great  questions  of  public  policy,  which 
the  president  was  called  upon  to  hear 
discussed,  and  to  decide  amid  the  jarring 
counsels  of  his  constitutional  advisers.* 


federal  doctrines  and  aims.     See,  also,  Tucker's  "  Life 
of  Jefferson,"  vol.  i.,  p.  406. 

*  Mr.  Gibbs,  speaking  of  the  severity  of  the  blow 
to  the  anti-federalists,  caused  by  the  assumption  of 
the  state  debts,  and  by  the  fact,  that  now  the  pow 
erful  body  of  creditors  would  thenceforward  look  to 
the  Union,  and  not  to  the  separate  states,  for  pay 
ment,  goes  on  to  say :  "  The  blow  had  been  followed 
up.  Duties  were  laid  on  imported  goods.  The  mer 
chant  from  that  time  owed  his  moneys  to  the  United 
States,  and  paid  them  to  her  officers.  Internal  taxes 
were  imposed ;  the  returns  were  made  to  a  collec 
tor  of  the  general  government.  A  bank  was  estab 
lished  ;  the  paper  which  passed  current  from  Ver 
mont  to  Georgia  was  of  federal  origin.  A  mint  was 
erected ;  the  arms  of  the  states  were  not  stamped 
upon  its  coins.  Protection  was  recommended  to 
American  manufacturers;  it  was  the  Union  alone 
that  could  do  all  this.  Commerce  was  encouraged ; 
it  was  the  marine  of  the  United  States.  Every  suc 
cessive  act  by  which  some  powerful  interest  was 
touched,  brought  the  influence  of  that  interest  in 
favor  of  its  source.  The  power  of  the  state  was 
diminished,  because  its  citizens  looked  elsewhere  than 
to  its  legislature,  for  the  most  important  objects  of 
attention." — Gibbs's  "  Administrations  of  Washing 
ton  and  Adams"  vol.  i.,  pp.  77,  78. 


X 


C   pVr^ 

i&-»     -^-y-' 


BV* 

~g* 
' 


Cn.  VI.] 


HAMILTON'S  AND  JEFFERSON'S   DIFFERENCES. 


309 


1792. 


Chief  Justice  Marshall  attributes  these 
differences  between  the  two  secretaries, 
partly  to  the  original  structure  of  their 
minds,  and  partly  to  the  positions  in 
which  they  had  respectively 
been  placed.  His  words  are 
worth  quoting :  "  Until  near  the  close 
of  the  war,  Mr.  Hamilton  had  served 
his  country  in  the  field,  and,  just  before 
its  termination,  had  passed  from  the 
camp  into  Congress,  where  lie  remained 
for  some  time  after  the  establishment 
of  peace.  In  the  former  station,  the 
danger  to  which  the  independence  of 
his  country  was  exposed  from  the  im 
becility  of  its  government,  was  perpet 
ually  before  his  eyes ;  and,  in  the  latter, 
his  attention  was  forcibly  directed  to 
wards  the  loss  of  its  reputation,  and  the 
sacrifice  of  its  best  interests,  which  were 
to  be  ascribed  to  the  same  cause.  Mr. 
Hamilton,  therefore,  was  the  friend  of 
a  government  which  should  possess,  in 
itself,  sufficient  powers  and  resources, 
to  maintain  the  character,  and  defend 
the  integrity  of  the  nation.  Having 
long  felt  and  witnessed  the  mischiefs 
produced  by  the  absolute  sovereignty 
of  the  states,  and  by  the  control  which 
they  were  enabled  and  disposed  separ 
ately  to  exercise  over  every  measure  of 
general  concern,  he  was  particularly  ap 
prehensive  of  danger  from  that  quarter ; 
which  he  believed  was  to  be  the  more 
dreaded,  because  the  habits  and  feel 
ings  of  the  American  people  were  cal 
culated  to  inspire  state,  rather  than 
national  prepossessions.  He  openly 
avowed  the  opinion,  that  the  greatest 
hazard  to  which  the  Constitution  was 
exposed,  arose  from  its  weakness,  and 
that  American  liberty  and  happiness 

VOL.  IT.— 80 


had  much  more  to  fear  from  the  en 
croachments  of  the  states  than  from 
those  of  the  general  government. 

"  Mr.  Jefferson  had  retired  from  Con 
gress  before  the  depreciation  of  the  cur 
rency  had  produced  an  entire  depend 
ence  of  the  general  on  the  local  govern 
ments,  after  which  he  filled  the  highest 
offices  in  his  native  state.  About  the 
close  of  the  war,  he  was  re-elected  to 
Congress ;  but  was  soon  afterwards  em- 

O 

ployed  on  a  mission  to  the  court  of 
Versailles,  where  he  remained  while 
the  people  of  France  were  taking  the 
first  steps  in  that  immense  revolution 
which  has  astonished  and  agitated  two 
quarters  of  the  world.  It  is  not  unrea 
sonable  to  suppose,  that,  while  residing 
at  that  court,  and  associating  with 
those  who  meditated  the  great  events 
which  have  since  taken  place,  his  mind 
miiHit  be  warmed  with  the  abuses  of 

O 

monarchy  which  were  perpetually  in 
his  view,  and  he  might  be  led  to  the 
opinion,  that  liberty  incurred  its  great 
est  danger  from  established  govern 
ments.  Mr.  Jefferson,  therefore,  seems 
to  have  entertained  no  apprehensions 
from  the  debility  of  the  government ; 
no  jealousy  of  the  state  sovereignties ; 
no  suspicion  of  their  encroachments. 
His  fears  took  a  different  direction ; 
and  all  his  precautions  were  used  to 
check  and  limit  the  exercise  of  the 
powers  vested  in  the  government  of 
the  United  States.  From  that  alone 
could  he  perceive  danger  to  liberty. 
He  did  not  feel  the  necessity  of  adopt 
ing  the  Constitution  so  sensibly  as  they 
did  who  had  continued  in  the  country ; 
find  he  had,  at  one  time,  avowed  a 
wish,  that  it  might  be  rejected  by  such 


310 


CLOSE   OF   WASHINGTON'S   FIRST  TERM   OF  SERVICE. 


[BK.  IV. 


a  number  of  states  as  would  secure  cer 
tain  alterations  which  he  thought  es 
sential.  From  this  opinion,  however, 
he  is  understood  to  have  receded."* 

Beside  these  and  similar  causes  of 
division,  between  men  holding  the  high 
station  of  secretaries  of  state  and  of 
the  treasury,  another  was  superadded, 
which  exerted  a  wide  influence  upon 
the  political  condition  and  course  of 
the  United  States.  France  was  re 
garded  with  attachment ;  Great  Britain 
with  enmity.  With  many  there  was 
a  strong  disposition,  not  only  to  be 
grateful  to  the  former,  but  to  extend 
every  possible  favor  in  the  way  of 
commerce  and  trade  for  her  interests ; 
while  at  the  same  time,  they  were  dis 
posed  to  throw  every  obstacle  in  the 
way  of  England  and  English  interests 
in  this  particular.  The  republicans 
took  one  side  of  the  question ;  the  fed 
eralists  another.  Jefferson  and  Hamil 
ton  disputed  about  these  arid  kindred 
topics  in  the  cabinet,f  and  the  presi 
dent,  according  to  his  convictions,  de 
cided  and  acted.  But  it  was  a  source 
of  great  mortification  to  him,  that  he 
was  not  able  to  reconcile  the  two,  so 
far,  at  least,  as  to  produce  an  agree 
ment  upon  some  general  line  of  policy, 
without  these  perpetual  bickerings  and 
daily  increasing  personal  animosities. 

Both  parties,  convinced  of  the  vast 


*  "  Life  of  Washington,"  vol.  ii.,  pp.  231,  32.  See 
also  Jefferson's  "  Correspondence,"  vol.  ii.,  pp.  26G, 
69,  73,  78 ;  303,  43,  81. 

t  As  Jefferson  phrases  it,  "  Hamilton  and  myself 
were  daily  pitted  in  the  cabinet,  like  two  cocks.  We 
were  then  but  four  in  number,  and  according  to  the 
majority,  which  of  course  was  three  to  one,  the  pres 
ident  decided.  The  pain  was  for  Hamilton  and  my 
self,  but  the  public  experienced  no  inconvenience." 


power  of  the  public  press,  had  engaged 
it  in  defending  and  sustaining  their  own 

o  o 

views,  and  in  assailing  and  condemning 

/  O  O 

those  of  their  opponents.  "  The  Gazette 
of  the  United  States,"  supported  the 
views  of  the  federalists,  as  set  forth  and 
developped  by  the  great  financial  plans 
and  policy  of  the  treasury  depart 
ment.  The  "  National  Gazette,"  on  the 
other  hand,  established  in  1791,  and 
edited  by  Philip  Freueau,  the  poet,  and 
a  translating  clerk  in  the  department 
of  state,  was  a  zealous  and  unflinching 
advocate  of  the  measures  favored  by 
Jefferson  and  the  republican  party.  In 
the  one,  European  politics  were  repre 
sented  through  the  medium  of  the 
English  papers,  which  overcolored  the 
extravagant  acts  of  France,  and  showed 
anarchy  and  blood,  as  the  necessary  con 
sequences  of  democracy;  the  columns 
of  the  other  were  filled  rather  from 
French  and  .Continental  papers,  which 
then  represented  republicanism  as  thriv 
ing  equally  in  France  as  in  the  United 
States.  Very  soon,  too,  personal  char 
acter  was  assailed,  and  Freneau's  Ga 
zette  "  became,"  as  Marshall  states,  "  the 
vehicle  of  calumny  against  the  funding 
and  banking  systems,  against  the  duty 
on  home-made  spirits,  which  was  de 
nominated  an  excise,  and  against  the 
men  who  had  proposed  and  supported 
those  measures.  With  perhaps  equal  as 
perity,  the  papers  attached  to  the  party 
which  had  defended  these  systems,  as 
sailed  the  motives  of  the  leaders  of  the 
opposition."* 

*  Mr.  Gibbs,  (vol.  i.,  p.  79,)  speaking  of  the  Na 
tional  Gazette,  says,  that  "  during  its  short-lived  ex 
istence,  it  was  notorious  for  its  scandalous  falsehood 
and  misrepresentation,  its  fulsome  adoration  of  Mr. 


CH.  VI.] 


DIPLOMATIC  INTERCOURSE   WITH   ENGLAND. 


311 


1792. 


Washington,  greatly  moved  by  these 
perpetual  conflicts  between  Jefferson 
and  Hamilton,  exerted  himself  to  effect 
a  reconciliation.  Under  date  of  August 

O 

22d,  he  wrote  to  Jefferson  along 
and  impressive  letter,  begging 
him  to  forego  suspicious  and  irritating 
charges,  and  to  make  liberal  allowances 
toward  his  antagonist.  A  few  days 
after,  he  addressed  a  letter  to  Hamil 
ton,  in  nearly  the  same  terms,  asking 
for  charitable  construction,  and  wil 
lingness  to  believe  in  his  adversary's 
honesty  and  integrity.  In  another  let 
ter  to  Jefferson,  October  18th,  he  ear 
nestly  asks  for  harmony  and  concord 
in  the  cabinet,  saying,  "I  have  a  great, 
a  sincere  esteem  for  you  both,  and  ar 
dently  wish  that  some  line  may  be 
marked  out,  by  which  both  of  you 
could  walk."  But  the  efforts  of  Wash 
ington  were  doomed  to  disappointment. 
Their  political  course,  as  well  their  pri 
vate  feelings,  diverged  more  and  more, 
and  Jefferson  and  Hamilton  became 
not  only  political,  but  personal  ene 
mies,  one  to  the  other. 

The  administration  of  the  general 
government  was  disturbed  this  year, 
not  only  by  the  continuance  of  Indian 
hostilities,  but  by  an  increased  opposi 
tion,  in  some  parts  of  the  Union,  to  the 
laws  laying  a  duty  on  domestic  spirits. 

Jefferson,  and  its  gross  abuse  of  leading  federal  men. 
Against  Mr.  Adams,  particularly,  who,  from  his  in 
offensive  position  as  vice-president,  it  might  have 
been  supposed,  would  have  escaped  unnoticed,  it  was, 
as  a  future  possible  president,  incessant  in  its  vitu 
peration."  For  Mr.  Tucker's  defence  of  Jefferson,  in 
having  a  paper  edited  by  a  clerk  in  his  department, 
which  abused  the  measures  of  tl.3  government  in 
which  he  held  an  important  position,  see  his  "  Life 
of  Jef&rwn,"  vol.  i.,  p.  392. 


Tliis  opposition  had  been  carried  so  far, 
and  so  daring  had  become  the  resist 
ance  to  the  law,  as  to  require  a  procla 
mation  from  the  president,  warning  all 
pei-sons  against  unlawful  combinations 
and  proceedings,  tending  to  obstruct 
the  operations  of  the  laws.  But,  we 
are  sorry  to  say,  the  proclamation  pro 
duced  no  salutary  effect. 

Anxious  to  avoid  extremities,  the 
government  resolved  upon  another 
course.  Prosecutions  were  instituted 
against  delinquents.  The  spirits  dis 
tilled  in  the  non-complying  counties, 
were  intercepted  in  their  way  to  mar 
ket,  and  seized  by  the  officers  of  the 
revenue ;  and  the  agents  for  the  army 
were  directed  to  purchase  only  those 
spirits  on  which  the  duty  had  been 
paid.  Could  the  distillers  have  obeyed 
their  wishes,  these  measures  would  have 
produced  the  desired  effect.  But,  im 
pelled  by  a  furious  multitude,  they 
found  it  much  more  dangerous  to  obey 
the  laws  than  to  resist  them. 

Diplomatic  intercourse  had  at  length 
been  opened  with  great  Britain,  who 
had  sent,  on  her  own  motion,  Mr. 
George  Hammond  as  minister-pleni 
potentiary  to  the  United  States.  Mr. 
Hammond  arrived  at  Philadelphia  in 
the  autumn  of  1*791,  and  soon  after  en 
tered  upon  a  long  correspondence  with 
the  secretary  of  state  respecting  the 
non-execution  of  the  treaty  of  peace. 
The  British  minister  having  entrusted 
to  him  only  powers  to  negotiate,  not  to 
conclude,  to  make,  not  to  adjust,  com 
plaints,  the  course  of  the  discussion,  and 
the  principles  avowed  by  the  respec 
tive  parties,  speedily  demonstrated  the 
slight  probability  which  existed  of 


312 


CLOSE   OF   WASHINGTON'S   FIRST  TERM   OF  SERVICE. 


BK.  IV. 


their  being  able  to  agree  upon  a  com 
mercial  treaty.* 

The  Indians  in  the  north-west  still 

maintaining  their  attitude  of  hostility, 

preparations  for  prosecuting  the  war 

with    vigor   were    earnestly    pressed. 

General  Wayne  was  appointed 

JIJ-Q2.  . 

to  succeed  St.  Clair  in  the  com 
mand  ;  but  the  inducements  to  enter 
the  service  were  so  small  that  the  ranks 
filled  up  very  slowly,  and  the  meditated 
expedition  could  not  be  undertaken 
prudently  during  the  present  year. 
Meanwhile,  the  clamor  against  the  war 
continued  to  be  loud  and  violent.  From 
respect  for  opinions  extensively  pro 
fessed,  it  was  thought  advisable  to 
make  still  another  effort  to  procure 
peace  by  a  direct  communication  of  the 
views  of  the  executive.  The  fate  of 
those  who  were  employed  in  these 
efforts,  was  still  more  to  be  lamented 
than  their  failure.  Colonel  Harden  and 
Major  Truman,  two  brave  officers  and 
estimable  men,  were  severally  dis 
patched  with  propositions  of  peace,  and 
each  was  murdered  by  the  savages. 

The  second  session  of  the  second 
Congress  commenced  on  the  5th  of 
November,  1792.  Washington  began 
his  accustomed  speech,  by  re- 


1792. 


ferring  to  the  "abatement  of 


*  Mr.  Jefferson,  says  Tucker,  (vol.  i.,  p.  369,)  "was 
called  upon  to  vindicate  the  rights  and  dignity  of  his 
country  in  a  long  and  laborious  correspondence,  first 
with  the  minister  of  Great  Britain,  and  then  with 
that  of  France,  and  which  continued  to  occupy  him 
during  the  whole  time  he  remained  in  office.  Dis 
tinguished  for  ability  as  the  diplomatic  correspondence 
of  this  country  generally  has  been,  there  is  no  part 
of  it  that  has  been  so  extolled,"  both  for  style  and 
argument,  or  given  such  satisfaction  to  all  parties,  as 
that  which  was  carried  on  by  Mr.  Jefferson,  with  Mr. 
Ilammond  and  Mr.  Genet." 


the  satisfaction"  he  experienced  in 
meeting  the  members,  which  arose 
from  the  continuance  of  the  Indian 
hostilities,  on  the  north-western  fron 
tier.  And  he  gave  a  general  account 
of  the  measures  which  had  been  adopt 
ed  to  stop  the  destructive  incursions  of 
the  tribes  beyond  the  border,  and  to 
repress  the  insurrection  of  those  within 
it  ;  suggesting  the  desirableness  of 
forming  u  an  eligible  plan"  for  carrying 
on  intercourse  with  the  red  men.  "  The 
product  of  the  revenues  for  the  present 
year,"  he  said,  "  is  likely  to  supersede 
the  necessity  of  additional  burdens  on 
the  community,  for  the  service  of  the 
ensuing  year."  Speaking  of  the  resist 
ance  offered  to  the  collection  of  duties 
on  spirits  distilled  within  the  United 
States,  he  added,  "  Congress  may  be  as 
sured  that  nothing  within  constitu 
tional  and  legal  limits  which  may  de 
pend  on  me,  shall  be  wanting  to  assert 
and  maintain  the  just  authority  of  the 
laws."  After  noticing  various  other 
objects,  the  judiciary,  the  mint,  post- 
office  regulations,  etc.,  the  president 
addressed  himself  particularly  to  the 
House  of  Representatives,  and  said,  "  I 
entertain  a  strong  hope  that  the  state 
of  the  national  finances  is  now  suffi 
ciently  matured  to  enable  you  to  enter 
into  a  systematic  and  effectual  arrange 
ment  for  the  regular  redemption  and 
discharge  of  the  public  debt,  according 
to  the  ri^ht  which  has  been  reserved 

O 

to  the  government.  No  measure  can 
be  more  desirable,  whether  viewed 
with  an  eye  to  its  intrinsic  importance, 
or  to  the  general  sentiments  and  wish 
of  the  nation." 

The  addresses  of  the  two  Houses,  in 


CH.  VI.] 


MR.   GILES'S   RESOLUTIONS. 


313 


answer  to  the  president's  speech,  were 
couched  in  respectful  and  even  affec 
tionate  terms ;  but  the  course  of  pro 
ceedings  in  Congress  soon  after,  showed 
that  the  violence  of  party  was  increas 
ing  rather  than  diminishing. 

On  a  motion  made,  directing  the 
secretaries  of  the  treasury  and  of 
war  to  attend  the  House  and  to  give 
information,  severe  denunciations  were 
poured  forth  against  the  unconstitu- 
tionality  of  subjecting  the  Representa 
tives  to  the  control  of  the  heads  of  the 
executive  departments.  The  motions 
for  requiring  a  report  from  Hamilton 
on  a  plan  for  redeeming  the  public 
debt,  and  for  paying  a  debt  owing  to 
the  bank,  which  were  brought  in  by 
Mr.  Fitzsimmons,  renewed  the  contest ; 
but,  although  Madison  and  others  op 
posed  the  reference  to  the  secretary 
of  the  treasury,  the  resolution  was 
carried. 

Hamilton's  report  proposed  a  plan 
for  the  redemption  of  the  debt. 
But  the  expenses  of  the  Indian  war, 
rendering  it  unsafe,  in  his  opinion,  to 
rest  absolutely  on  the  existing  reve 
nue,  he  also  proposed  to  extend  the 
internal  taxes  to  pleasure  horses,  or 
pleasure  carriages,  as  might  be  deemed 
most  advisable.  For  the  reimburse 
ment  of  the  bank,  he  recommended 
that  power  be  given  to  negotiate  a 
loan  for  $2,000,000;  the  dividends  on 
the  shares  held  by  the  government,  to 
T>e  pledged  for  the  interest;  and,  as 
the  government  paid  six  per  cent,  to 
the  bank,  he  relied  on  the  saving  that 
would  be  effected  by  borrowing  at  a 
lower  rate  of  interest.  The  considera 
tion  of  this  report  was  deferred  on  va 


rious  grounds ;  and  a  motion  was  made 
to  reduce  the  military  establishment. 
The  debate  was  long,  and  earnestly  con 
tested  ;  but  the  motion  was  rejected,  on 
the  5th  of  January,  1793.* 

A  few  weeks  later,  another  subject 
was  introduced  into  the  House,  which 
absorbed  the   attention  of  the 
members,  and   put  an  end,  for 
the  present  session,  to  every  measure 
connected  with  the  finances. 

Mr.  Giles,  on  the  23d  of  January, 
moved  several  resolutions,  requiring 
information,  among  other  things,  on 
various  points  growing  out  of  the  loans 
authorized  by  Congress,  in  August, 
1790.  The  object  was,  to  inculpate 
the  secretary  of  the  treasury  respect 
ing  the  management  and  application 
of  these  loans,  and  of  the  revenue  gen 
erally.  Mr.  Giles  indulged  himself  in 
remarks,  which  clearly  showed  the 
animus  of  his  proceedings,  and  it  was 
his  determination  to  prove  to  the 
House,  that  there  was  a  large  balance 
in  the  funds  unaccounted  for.  The  reso 
lutions  were  agreed  to  without  debate, 
as  was  only  due  to  Mr.  Hamilton ; 
and  soon  after,  three  successive  and 
able  reports  were  sent  in,  containing 
the  information  required.f 

In  these  reports,  a  full  exposition 
was  given  of  the  views  and  motives  of 
the  secretary,  in  the  conduct  of  the 

*  See  u  Abridgement  of  the  Debates  of  Congress" 
vol.  i.,  pp.  398-415. 

t  For  Tucker's  account  of  this  matter,  see  his 
"  Life  of  Jefferson,"  vol.  i.,  pp.  401-405.  "It  seems 
probable,"  says  Tucker,  "that  the  secretary,  having 
proved  himself  innocent  of  the  more  serious  part  of 
the  charge,  the  common  reaction  in  favor  of  those- 
who  have  been  unjustly  accused,  took  place,  and  in 
clined  men  to  acquit  him  altogether." 


314 


CLOSE   OF  WASHINGTON'S   FIRST  TERM  OF  SERVICE. 


[BK.  IV. 


1793. 


treasury  department.  It  is  also  evi 
dent,  that  Hamilton  felt  aggrieved  at 
this  attack  upon  his  reputation ;  and 
he  did  not  hesitate  to  use  language  of 
great  plainness  and  severity,  observing, 
in  conclusion ;  "  Thus  have  I  not  only 
furnished  a  just  and  affirmative  view 
of  the  real  situation  of  the  public  ac 
counts,  but  have  likewise  shown,  I 
trust,  in  a  conspicuous  manner,  fallacies 
enough  in  the  statements,  from  which 

o 

the  inference  of  an  unaccounted  for  bal 
ance  is  drawn,  to  evince  that  it  is  one 
tissue  of  error." 

But  the  matter  did  not  end  here. 
Mr.  Giles,  on  the  28th  of  February, 
submitted  to  the  House,  a  series  of 
nine  resolutions,  containing  charges 
against  the  secretary.  The  substance 
of  them  was,  that  he  had  failed 
to  give  Congress  information,  in 
due  time,  of  moneys  drawn  from  Eu 
rope  ;  that  he  had  violated  the  law  of 
the  4th  of  August,  1790,  by  an  un 
authorized  application  of  money  bor 
rowed  under  it;  that  he  had  drawn 
part  of  the  money  into  the  United 
States,  without  any  instructions  from 
the  president ;  that  he  had  exceeded 
his  authority  in  making  loans,  under 
the  acts ;  that  without  instructions  from 
the  president,  he  had  drawn  more  of 
the  money  borrowed  in  Holland,  than 
he. was  authorized  by  those  acts;  and 
that  he  had  been  guilty  of  an  inde 
corum  to  the  House,  in  undertaking  to 
judge  its  motives  in  calling  for  infor 
mation  The  debate  was  continued 
until  the  night  of  March  1st,  and  was 
characterized  by  unusual  bitterness.  It 
terminated  in  a  rejection  of  the  res 
olutions,  and  consequently  in  an  entire 


1793. 


exculpation  of  Hamilton  from  all  just 
censure.  The  highest  number  voting 
in  favor  of  any  one  of  the  resolutions 
was  sixteen.* 

The  other  business  of  the  session 
may  be  briefly  stated.  The  claim  for 
compensation  for  loss  on  the  certifi 
cates  in  which  they  had  been  paid,  ad 
vanced  by  the  officers  of  the  old  con 
tinental  army,  was  rejected.  An  act 
respecting  "  fugitives  from  justice,  and 
persons  escaping  from  the  service  of 
their  masters,"  was  passed,  early  in 
February,  by  a  vote  of  forty-eight  to 
seven.  The  trade  with  the  Indians 
was  regulated ;  and  an  attempt  was 
made  to  initiate  an  amendment  to  the 
Constitution,  because  the  state 
of  Georgia,  sued  in  the  federal 
courts  for  a  debt  due  to  a  citizen  of 
another  state,  had  suffered  judgment 
by  default.  And  nearly  two  millions 
of  dollars  were  appropriated  to  the 
public  service,  in  addition  to  the  al 
most  three  millions  more,  for  interest 
on  the  debt.  On  Saturday,  the  2d  of 
March,  the  second  Congress  closed  its 
second  session.  At  the  same  date,  the 
first  administration  of  Washington 
reached  its  termination,  and  the  father 
of  his  country,  though  greatly  longing 
for  repose,  was  not  permitted  to  leave 


*  "  The  whole  of  the  session  was  thus  spent  in 
sifting  the  conduct  of  the  secretary.  .  .  .  The  inves 
tigation  served  one  purpose  of  the  opposition ;  it  pre 
vented  any  question  being  taken  on  the  report.  It 
seems  somewhat  anomalous,  that  a  party  which  had 
charged  the  administration  with  a  wish  to  perpetu 
ate  the  debt,  should  thus  have  thwarted  its  measures 
to  discharge  it,  and  an  explanation  of  the  fact,  can 
only  be  found  in  a  fixed  determination  to  break  down 
the  secretary.1' — Gibbs's  "Administrations  of  Wnsfi 
ington  and  Adams,"1  vol.  i.,  p.  82. 


Cn.  VI.] 


WASHINGTON   RE-ELECTED. 


315 


the  service  of  the  state,  but  was  com 
pelled  again  to  buckle  on  the  armor  at 
a  perilous  time,  needing  all  his  wisdom, 
firmness,  and  prudence,  and  tasking  his 
energies  to  the  utmost. 

Washington  had  resolved  to  retire 

O 

with  the  close  of  his  first  adminis 
tration  ;  but,  notwithstanding  the  exa 
cerbations  of  party,  the  fierceness  of 
the  contests  between  the  federalists 
and  republicans,  and  the  undoubted 
strength  of  the  party  opposed  to 
the  government,  there  was  a  spon 
taneous  conviction  that  he  was,  after 
all,  the  only  man  fitted  for  the  crisis, 
the  only  man  in  the  country  who  could, 
just  then,  take  the  helm  of  the  vessel 
of  state  with  any  probability  of  being 
able  to  guide  her  safely  through  the 
rocks  and  shoals  which  beset  her  on 
ward  progress. 

Jefferson,  though  virtually  at  the 
head  of  the  republicans,  and  quite 
willing  that  there  should  be  a  change 
in  the  tone  and  acts  of  the  government, 
nevertheless  clearly  saw  the  vast  im 
portance  of  Washington  continuing  at 
the  head  of  affairs.  Under  date  of 
May  23d,  he  wrote  a  Ions:  and 

175)'*. 

earnest  letter  to  the  president,* 
urging  him  by  every  consideration  of 
patriotism,  and  the  terrible  dangers  of 
anarchy  which  threatened,  were  he  to 
abandon  his  high  post,  not  to  refuse 
the  service  of  his  country. 

Hamilton,  too,  addressed  the  presi 
dent  a  letter,  under  date  of  July  30th. 
Equally  urgent  with  Jefferson,  he  said, 
"  On  public  and  personal  accounts,  on 


*  See  "life  of  Jefferson,'1'1  vol.  i.,  pp.  381-87;  the 
letter  is  well  worth  reading. 


patriotic  and  prudential  considerations, 
the  clear  path  to  be  pursued  by  you 
will  be  again  to  obey  the  voice  of  your 
country.  I  trust,  and  I  pray  God,  that 
you  will  determine  to  make  a  further 
sacrifice  of  your  tranquillity  and  happi 
ness  to  the  public  good." 

And  Randolph,  another  member  of 
his  cabinet,  took  the  same  ground,  and 
pressed  upon  the  president's  attention 
the  almost  necessity  of  his  continuance 
in  office,  and  gave  utterance  to  the  fear 
whicli  he,  too,  entertained,  that  without 
Washington  the  stability  of  the  Consti 
tution  was  by  no  means  certain;  he 
only  could  repress  the  tendencies  to 
disorder  and  rebellion  which  seemed  to 
be  impending  over  the  country.* 

Greatly  moved  by  these  letters,  and 
many  others  which  he  received  from 
various  quarters,  Washington  felt  that 
he  ought  not  to  refuse  to  obey,  and 
with  a  spirit  of  self-sacrifice,  such  as  he 
had  so  often  displayed,  he  consented  to 
be  elevated  for  a  second  time  to  the 
highest  office  in  the  gift  of  the  people. 
By  the  unanimous  vote  of  the  electors, 
he  was  chosen  president.  Out  of  the 
one  hundred  and  thirty-two  electoral 
votes,  John  Adams  received  seventy- 
seven  ;  George  Clinton,  fifty ;  Thomas 
Jefferson,  four;  and  Aaron  Burr,  one. 
Adams,  consequently,  was  re-elected 
vice-president  of  the  United  States. 

We  may  properly  conclude  the  pre 
sent  chapter  with  some  weighty  and 
suggestive  remarks,  drawn  principally 
from  Chief  Justice  Marshall,  wher 


*  Mr.  Sparks  has  printed  these  letters  in  the 
"Writings  of  Washington"  vol.  x.,  p.  504.  Hamil 
ton's  letter  we  commend  to  the  reader's  attention. 


31G 


CLOSE   OF  WASHINGTON'S   FIRST  TERM   OF  SERVICE. 


[BK.IV. 


speaking  of  the  state  of  public  affairs 
at  the  time  that  Congress  broke  up  on 
the  20th  of  March,  1793.  The  great 
events  of  that  period  in  Europe  could 
not  but  have  their  effect  upon  America 
and  her  interests.  The  French  Revo 
lution,  especially,  had  from  the  begin 
ning  been  looked  upon  with  the  deep 
est  interest.  High  hopes  were  enter 
tained  at  its  commencement,  and  Amer 
icans  were  disposed  to  rejoice  over  the 
prospect  of  another  republic  setting 
forth  and  sustaining  the  rights  of  men, 
and  taking  its  rise  mainly  from  the 
noble  example  furnished  to  the  world 
by  the  United  States.  But  the  prog 
ress  of  events  in  France  ere  long  dis 
pelled  those  hopes  and  expectations  in 
the  minds  of  a  portion  of  our  country 
men.  Anarchy,  outrage,  furious  and 
licentious  excesses  prevailed.  The  mon 
archy  was  abolished  ;  the  king  was 
murdered  ;  the  republic  was 
proclaimed ;  war  was  declared 
against  England,  Holland,  and  Spain ; 
and  the  horrors  of  the  Revolution  be 
gan  in  earnest  to  affright  and  terrify 
the  world. 

Yet,  the  people  of  the  United  States, 
as  a  body,  were  slow  to  believe  that 
France  was  not  destined  to  the  same 
happy  success  which  attended  the 
struggles  of  our  patriot  sires  for  liberty 
and  justice.  The  overthrow  of  the 
monarchy  seemed  to  electrify  the  coun 
try.  "The  war  in  which  the  several 
potentates  of  Europe  were  engaged 
against  France,  although,  in  almost 
every  instance,  commenced  by  that 
power,  was  pronounced  to  be  a  war  for 
the  extirpation  of  human  liberty,  and 
for  the  banishment  of  free  government 


1793. 


from  the  face  of  the  earth.  The  pre 
servation  of  the  independence  of  the 
United  States  was  supposed  to  depend 
on  its  issue,  and  the  coalition  against 
France  was  treated  as  a  coalition 
against  America  also.  A  cordial  wish 
that  the  war  might  terminate  without 
diminishing  the  power  of  France,  and 
so  as  to  leave  the  people  of  that  country 
free  to  choose  their  own  form  of  gov 
ernment,  was  perhaps  universal ;  but 
perfect  unanimity  of  opinion  did  not 
prevail  respecting  the  probable  issue 
of  their  internal  conflicts.  By  some 
few  individuals,  the  practicability  of 
governing  under  the  republican  form 
an  immense  military  nation,  whose  in 
stitutions,  habits,  and  morals  are  adapt 
ed  to  monarchy,  and  which  was  sur 
rounded  by  armed  neighbors,  was 
deemed  a  problem  which  time  alone 
could  solve.  The  circumstances  under 
which  the  abolition  of  royalty  was  de 
clared,  the  massacres  which  preceded 
it,  the  scenes  of  turbulence  and  violence 
which  were  acted  in  every  part  of  the 
nation,  appeared  to  them  to  present  an 
awful  and  doubtful  state  of  thing*, 
respecting  which  no  certain  calculations 
could  be  made ;  and  the  idea  that  a 
republic  was  to  be  introduced  and  sup 
ported  by  force,  was,  to  them,  a  para 
dox  in  politics.  Under  the  influence 
of  these  appearances,  the  apprehension 
was  entertained  that  the  ancient  mon 
archy  would  be  restored,  or  a  military 
despotism  wrould  be  established.  By 
the  many,  these  popular  doubts  were 
deemed  unpardonable  heresies  ;  and 
the  few  to  whom  they  were  imputed, 
were  pronounced  hostile  to  liberty. 
A  suspicion  that  the  unsettled  state  of 


CH.  VII.] 


WASHINGTON'S  SECOND  TERM. 


317 


tilings  in  France  had  contributed  to 
suspend  the  payment  of  the  debt  to 
that  nation,  had  added  to  the  asperity 
with  which  the  resolutions  on  that  sub 
ject  were  supported ;  and  the  French 
Revolution  will  be  found  to  have  had 


great  influence  on  the  strength  of 
parties,  and  on  the  subsequent  political 
transactions  of  the  United  States."* 


*  Marshall's  "Life  of  Washington,"  vol.  ii.,  pp. 
251,  52. 


CHAPTER    VII. 

1793-1794. 


TRIALS      OF     THE      ADMINISTRATION. 

Washington  enters  upon  his  second  term  at  a  critical  period  —  Neutrality  the  true  policy  of  the  United  States  — 
Questions  to  the  cabinet  —  Answers  —  Proclamation  of  neutrality  —  Its  importance  —  Party  assaults  on  Wash 
ington —  Genet  sent  as  French  minister — His  instructions  —  Genet's  arrival  at  Charleston — His  high-handed 
proceedings — Reception  by  Washington  —  British  minister's  complaints — Washington's  determination  to  sus 
tain  the  neutrality — The  case  of  Le  Petit  Democrat  —  Genet's  violent  course  —  Jefferson's  repiy  —  Genet's  recall 
requested  —  Reference  to  Marshall,  and  Jefferson's  Anas  —  Relations  with  England  —  Causes  of  Complaint  — 
Algerine  piracies  —  Relations  with  Spain  —  Hostilities  probable  —  Third  Congress  assembles  in  December,  1793 
—  Washington's  opening  speech  —  Abstract  of  its  contents  —  Message  respecting  foreign  relations  —  Answers  of 
the  two  Houses  —  Message  respecting  Spanish  difficulties — Jefferson's  report  on  commerce — Its  statements  — 
Madison's  resolutions  —  Debate  in  the  House  —  Naval  force  recommended  by  the  president  —  Sharp  debate  — 
Probability  of  a  war  with  England  on  account  of  her  aggressions — Preparations  required  —  Measures  recom 
mended —  England  not  desirous  to  push  matters  to  an  extreme  —  Washington  determines  to  have  peace  if  pos 
sible —  John  Jay  appointed  to  the  mission  to  England — Non-intercourse  bill  passed  in  the  House — Defeated  in 
the  Senate  —  The  country  placed  in  a  state  of  defence — Course  of  the  opposition  —  Congress  adjourns  —  James 
Monroe  appointed  minister  plenipotentiary  to  France.  APPENDIX  TO  CHAPTER  VII.  I.  Questions  proposed  by 
Washington  to  his  cabinet.  II.  J.  Q.  Adams  on  Washington's  proclamation  of  neutrality.  III.  Fisher  Ames's 
speech  on  Madison's  resolutions. 


1793. 


ON  the  4th  of  March,  1793,  Wash 
ington  presented  himself  in  the  Senate- 
chamber,  where  were  assembled  the 
heads  of  the  departments,  the 
foreign  ministers,  members  of 
Congress,  and  others.  After  a  brief 
speech,  calling  upon  those  around  Mm 
to  be  witnesses  of  what  he  was  about 
to  do,  Washington  took  the  oath  of 
office  required  by  the  Constitution,  and 
entered  upon  another  four  years  of  la 
bor  and  self-sacrifice  for  the  interests 
of  his  native  land. 

VOL.   T1.--40 


Washington  accepted  the  presidency 
at  a  moment  when  the  country  was 
about  to  stand  most  in  need  of  his 
impartial  honesty  and  firmness.  The 
French  Revolution  had  just  reached 
its  highest  point  of  fanaticism  and  dis 
order,  and  the  general  war  which  was 
about  breaking  out  in  Europe,  put  it 
beyond  the  power  of  the  president  of 
the  United  States  to  remain  indifferent, 
or  a  stranger  to  its  progress.  The 
mass  of  the  people,  he  well  knew, 
looked  upon  the  Revolution,  despite 


318 


TRIALS   OF  THE  ADMINISTRATION. 


[BK.  IV. 


its  sanguinary  horrors,  with  enthusias 
tic  satisfaction,  and  undoubtiug  hope 
of  its  conferring  upon  France  every 
blessing  which  could  be  desired ;  and 
there  were  many  Americans  who  were 
ready  to  join  her  in  the  contest  against 
Great  Britain  especially,  and  to  engage 
in  privateering  expeditions  against  the 
commerce  of  the  belligerent  powers, 
regardless  of  the  consequences  to  them 
selves  or  their  country. 

Called  upon,  however,  from  his  high 
station,  to  view  the  portentous  state  of 
affairs  in  Europe,  as  it  might  affect  the 
United  States,  whose  destinies,  under 
God,  were  entrusted  to  his  care,  Wash 
ington  felt  bound  to  consult  the  dic 
tates  of  his  judgment,  rather  than  the 
impulse  of  his  feelings.  He  foresaw 
that  the  storm  which  was  gathering  in 
Europe,  must  soon  reach  the  United 
States,  and  he  felt  it  his  duty,  as  far  as 
possible,  here  to  prevent  its  desolating 
effects.  In  the  mighty  conflict  which 
was  to  ensue,  a  conflict  in  which  all  the 
great  European  powers  either  were  or 
must  necessarily  be  engaged,  he  was 
satisfied  the  best  interests  of  his  coun 
try  demanded  a  state  of  neutrality ; 
and  he  was  convinced  that  this  course 
might  be  pursued  without  a  violation 
either  of  national  faith,  or  national 
honor. 

Neutrality,  however,  he  knew,  to  be 
just,  must  be  impartial ;  and  he  was 
sensible,  that  from  the  state '  of  public 
feeling  in  America,  it  would  be  ex 
tremely  difficult  to  preserve  a  state  of 
strict  neutrality,  or  to  avoid  collisions 
with  some  of  the  contending  powers, 
particularly  France  or  Great  Britain. 
Aware  of  the  importance  and  delicacy 


of  the  crisis,  he  assembled  his  cabinet 
in  April,  for  their  advice.     To 
them  he  submitted  certain  ques 
tions,  particularly  with  respect  to  the 
existing  relations  with  France.*    These 
were,  of  course,  communicated    confi 
dentially,  but  they  afterwards  clandes 
tinely  found  their  way  to  the  public. 

The  answers  of  the  members  of  the 
cabinet  to  these  questions,  were  re 
quested  in  writing.  On  some  of  them, 
the  opinions  of  the  members  were  unan 
imous;  on  others,  a  difference  prevail 
ed.  All  were  in  favor  of  issuing  a 
proclamation  of  neutrality,  of  receiving 
a  minister  from  the  existing  French 

O 

government,  and  against  convening 
Congress.  Some  of  the  cabinet,  how 
ever,  were  for  receiving  the  minister 
with  some  degree  of  qualification,  from 
a  doubt,  whether  the  government  of 
France  could  be  considered  as  finally 
settled  by  the  deliberate  sense  of  the 
nation.  The  president,  however,  con 
cluded  to  receive  him  in  an  unqualified 
manner.  As  to  the  clause  of  guaran 
tee,  in  the  treaty  of  1*778,  a  difference 
of  opinion  also  existed  in  the  cabinet. 
Hamilton  and  Knox  considered  the 
clause  as  only  applicable  to  a  defensive 
war,  and  therefore  not  binding  in  a 
contest  commenced  by  France  herself; 
while  Jefferson  and  Randolph  thought 
it  unnecessary,  at  that  time,  to  decide 
the  question. 

The  proclamation,  as  prepared  by 
the  attorney-general,  and  approved  by 
the  president,  was  issued,  "  forbidding 
the  citizens  of  the  United  States  to 


*  For  these  questions,  see  Appendix  I.,  at  the  end 
of  the  present  chapter. 


Cn.  VII.] 


PARTY  ABUSE  OF  WASHINGTON. 


319 


1793. 


take  part  in  any  hostilities  on  the  seas, 
either  with  or  against  the  belligerent 

o  o 

powers,  and  warning  them  against  car 
rying  to  any  such  powers,  any  of  those 
articles  deemed  contraband,  according 

o 

to  the  modern  usages  of  nations,  and 
enjoining  them  from  all  acts  and  pro 
ceedings  inconsistent  with  the  duties 
of  a  friendly  nation  towards  those  at 
war." 

This  measure,  which  Washington  de 
termined  upon,  after  mature  delibera 
tion,  was  undoubtedly  one  of  the  most 
important  of  his  administration.  It  laid 
the  solid  basis  of  that  system  which 
our  country  has  steadily  pursued,  in 
its  intercourse  with  foreign  nations, 
and  to  which  a  large  share  of  its  pros 
perity  is  to  be  ascribed.*  In  fact,  it 
was  a  measure  essential  to  the 
independent  existence  and  char 
acter  of  the  United  states ;  and  it  is 
greatly  to  the  honor  of  the  president, 
that  he  dared  to  do  what  he  knew  to 
be  right  and  just,  in  the  very  face  of 
popular  clamor,  and  at  the  risk  of  per 
sonal  abuse  and  defamation. 

Looking  back  upon  the  past,  it  seems 
almost  incredible,  that  Washington's 

O 

good  name  could  have  been  so  foully 
slandered  as  it  was,  in  consequence 
of  the  violent  ferments  produced  by 
party  contests  on  this  subject.  Here 
tofore,  his  character  had  been  so  widely 
revered,  and  so  firmly  was  he  possessed 
of  the  affections  of  the  people,  that  it 


*  For  some  instructive  pages  on  this  subject,  and 
the  able  discussion  of  the  constitutionality  of  the  right 
exercised  by  Washington  to  issue  the  proclamation, 
see  an  extract  from  John  Quincy  Adams's  "  Life  of 
Mrtdisan"  pp.  53-00,  in  Appendix  II.,  at  the  end  of 
the  present  chapter. 


was  clearly  perceived  by  the  opponents 
of  his  measures,  that  unless  his  com 
manding  influence  could  be  lessened,  it 
was  in  vain  to  hope  to  overthrow  the 
federal  party.  The  proclamation  of 
neutrality  was  totally  at  variance  with 
the  prejudices,  the  feelings,  and  the 
passions  of  the  mass  of  Americans ;  and 
the  republican  partisans  deemed  it  a 
favorable  opportunity  to  venture  upon 
open  assaults  on  the  character  and  mo 
tives  of  Washington :  it  is  worth  noting, 
also,  that  when  once  the  undertaking 
was  begun,  it  was  pursued  with  a  per 
severance  and  acrimony,  which  no 
American  of  this  day  can  credit,  ex 
cept  by  actual  perusal  of  the  political 
diatribes  of  that  stormy  period. 

The  French  republic  having  deter- 
mined  to  send  out  a  minister  in  the 
room  of  M.  Ternant,  the  citizen  Genet 
was  selected,*  a  gentleman  of  fair 
talents,  and  possessed  of  all  the 
fire  of  temper  of  the  Celtic  race. 
Genet,  besides  his  public  instructions, 
which  were  very  flattering  to  the  peo 
ple,  and  decently  respectful  to  the  gov 
ernment,  was  furnished  with  secret  in 
structions  of  quite  another  complexion. 
These,  subsequent  events  induced  him 
to  publish ;  and  we  are  sorry  to  say, 

*  In  speaking  of  the  course  pursued  by  France  un 
der  the  ministry  of  the  Count  de  Vergennes,  we  have 
given  him  and  his  country  the  merit  of  sincerity  and 
honesty,  in  respect  to  the  United  States,  without 
however,  supposing  that  they  were  possessed  of  more 
disinterestedness  than  is  usual  in  the  dealings  of  na 
tion  with  nation.  Substantially,  we  believe  thi* 
opinion  to  be  correct ;  but  it  is  only  fair  to  the  reader 
to  refer  him  to  a  note  of  Marshall,  at  the  end  of  his 
Life  of  Washington,  wherein  are  given  the  reasons 
for  the  conviction,  that  the  policy  of  France  at  that 
date  was  governed  more  by  Machiuvelian  principles 
than  is  generally  believed. 


1793. 


320 


TRIALS   OF  THE  ADMINISTRATION. 


.  IV. 


1793. 


that  they  do  not  particularly  elevate 
the  character  for  honorable  dealing  of 
the  French  government.  While  dis 
tinctly  avowing  that  France  did  not 
desire  the  United  States  to  become  a 
party  to  the  war  with  Great  Britain, 
the  main  object  of  his  mission,  as  after 
wards  disclosed,  was  to  take  every  step 
possible  to  induce  the  Americans  to 
make  common  cause  with  the  French 
against  all  Europe.* 

On  the  8th  of  April,  Genet  arrived 
at  Charleston,  a  port  whose  contiguity 
to  the  West  Indies  gave  it  peculiar 
facilities  as  a  resort  for  privateers.  He 
was  received  by  the  governor 
of  South  Carolina,  and  by  the 
people,  with  unbounded  enthusiasm, 
well  calculated  to  deceive  him  into  a 
belief,  that  the  Americans  were  ready 
to  go  to  any  lengths  in  the  cause  of 
France.  Being  furnished  with  blank 
letters  of  marque,  he  undertook,  during 
his  stay  of  some  six  weeks  at  Charles 
ton,  to  authorize  the  fitting  and  arming 
of  vessels,  enlisting  men,  and  giving 
commissions  to  commit  hostilities  on 
nations  with  whom  the  United  States 
were  at  peace.  The  captures  made  by 
these  cruisers  were  brought  into  port, 
and  the  consuls  of  France  were  assum 
ing,  under  the  authority  of  M.  Genet, 
to  hold  courts  of  admirality  for  their 
trial,  condemnation,  and  sale. 

Receiving  on  the  road  every  species 
of  popular  adulation,  on  the  16th  of 
May,  M.  Genet  arrived  at  the  seat  of 
government,  preceded  by  the  intelli- 


*  For  a  number  of  interesting  extracts  from  these 
papers,  see  Pitkin's  "  Political  arid  Civil  History  of 
the  United  States,"  vol.  ii.,  pp.  360-64. 


gence  of  his  transactions  in  South  Caro 
lina.  Means  had  been  taken  to  render 
his  entry  triumphal ;  and  the  opposition 
papers  exultingly  stated  that  he  was 
met  at  Gray's  Ferry,  by  "  crowds  of 
people,  who  flocked  from  every  avenue 
of  the  city,  to  meet  the  republican  am 
bassador  of  an  allied  nation."  The  day 
succeeding  his  arrival,  he  received  ad 
dresses  of  congratulation  from  particu 
lar  societies,  and  from  the  citizens  of 
Philadelphia,  who  waited  on  him  in  a 
body,  in  which  they  expressed  their 
fervent  gratitude  for  the  zealous  and 
disinterested  aids  which  the  French 
people  had  furnished  to  America,  un 
bounded  exultation  at  the  success  of 
their  arms,  and  a  positive  conviction 
that  the  safety  of  the  United  States 
depended  on  the  establishment  of  the 
republic.  The  answers  to  these  ad 
dresses  were  well  calculated  to  preserve 
the  idea  of  a  complete  fraternity  be 
tween  the  people  of  the  two  nations. 

Notwithstanding  M.  Genet's  audacious 
course,  in  thus  setting  at  defiance  the 
proclamation  of  neutrality,  Washing 
ton  received  him  frankly,  and  with  the 
cordiality  due  to  the  representative  of 
a  great  nation.  In  conversation,  he  gave 
the  most  explicit  assurances  that  France 
had  no  wish  to  en^a^e  the  United 

O     O 

States  in  the  war  against  Great  Britain 
and  other  European  powers. 

Before  Genet  reached  Philadelphia, 
the  British  minister  presented  to  the 
president  a  long  catalogue  of  com 
plaints,  founded  in  part  on  what  had 
transpired  at  Charleston.  These  com 
plaints  were  still  farther  aggravated 
by  the  commission  of  actual  hostilities 
within  the  United  States.  The  ship 


CH.  VII.] 


GENET'S   HIGII-IIANDED   COURSE. 


321 


1793. 


Grange,  a  British  vessel,  winch  had 
sailed  from  Philadelphia,  was  captured 
by  the  French  frigate  L'Ambus- 
cade,  within  the  Capes  of  the 
Delaware.  The  prizes  thus  made,  being 
brought  within  the  power  of  the 
American  government,  Mr.  Hammond 
demanded  their  restitution. 

"On  many  of  the  points  suggested 
by  the  conduct  of  M.  Genet,  and  by 
the  memorials  of  the  British  minister, 
it  would  seem  impossible,"  says  Mar 
shall,  "  that  a  difference  of  opinion  could 
exist  among  intelligent  men,  not  under 
the  dominion  of  blind  infatuation. 
Accordingly,  it  was  agreed,  without  a 
dissenting  voice,  in  the  cabinet,  that 
the  jurisdiction  of  every  independent 
nation,  within  its  own  territory,  being 
of  a  nature  to  exclude  the  exercise  of 
any  authority  therein  by  a  foreign 
power,  the  proceedings  complained  of, 
not  being  warranted  by  treaty,  were 
usurpations  of  national  sovereignty,  and 
violations  of  neutral  rights,  a  repetition 
of  which  it  was  the  duty  of  the  govern 
ment  to  prevent.  The  question  of  res 
titution,  except  as  to  the  Grange,  was 
more  dubious.  The  secretary  of  state 
and  the  attorney-general  were  of  opin 
ion,  that  vessels  which  had  been  cap 
tured  on  the  high  seas,  and  brought 
into  the  ports  of  the  United  States,  by 
vessels  fitted  out  and  commissioned  in 
their  ports,  ought  not  to  be  restored. 
The  secretaries  of  the  treasury  and  of 
war  were  of  a  different  opinion.  The 
president  took  time  to  deliberate  on 
the  point  on  which  his  cabinet  was  di 
vided.  Those  principles  on  which  they 
were  united  being  considered  as  settled, 
the  secretary  of  state  was  desired  to 


17  OS. 


communicate  them  to  the  ministers  of 
France  and  Britain ;  and  circular  let 
ters  were  addressed  to  the  executives 
of  the  several  states,  requiring  their 
co-operation,  with  force  if  necessary,  in 
the  execution  of  the  rules  which  were 
established. 

"The  citizen  Genet  was  much  dis 
satisfied  with  these  decisions. 
He  thought  them  contrary  to 
natural  right,  and  subversive  of  the 
treaties  by  which  the  two  nations  were 
connected.  Intoxicated  with  the  sen 
timents  expressed  by  a  great  portion 
of  the  people,  and  not  appreciating  the 
firm  character  of  the  executive,  he 
seems  to  have  expected,  that  the  popu 
larity  of  his  nation  would  enable  him 
to  overthrow  that  department,-  or  to 
render  it  subservient  to  his  views.  It 
is  difficult  otherwise  to  account  for  his 
persisting  to  disregard  its  decisions,  and 
for  passages  with  which  his  letters 
abound,  such  as  the  following: — 

'  o 

"  '  Every  obstruction  by  the  govern 
ment  of  the  United  States  to  the  arm 
ing  of  French  vessels,  must  be  an  at 
tempt  on  the  rights  of  man,  upon  which 
repose  the  independence  and  laws  of 
the  United  States, — a  violation  of  the 
ties  which  unite  the  people  of  France 
and  America,  and  even  a  manifest  con 
tradiction  of  the  system  of  neutrality 
of  the  president ;  for,  in  fact,  if  our  mer 
chant  vessels  or  others,  are  not  allowed 
to  arm  themselves,  when  the  French 
alone  are  resisting  the  league  of  all  the 
tyrants  against  the  liberty  of  the  peo 
ple,  they  will  be  exposed  to  inevitable 
ruin  in  going  out  of  the  ports  of  the 
United  States;  which  is  certainly  not 
the  intention  of  the  people  of  America. 


322 


TRIALS   OF  THE  ADMINISTRATION. 


[BK.  IV. 


Their  fraternal  voice  has  resounded 
from  every  quarter  around  me,  and 
their  accents  are  not  equivocal.  They 
are  pure  as  the  hearts  of  those  by  whom 
they  are  expressed ;  and  the  more  they 
have  touched  my  sensibility,  the  more 
they  must  interest  in  the  happiness  of 
America  the  nation  I  represent;  the 
more  I  wish,  sir,  that  the  federal  gov 
ernment  would  observe,  as  far  as  in 
their  power,  the  public  engagements 
contracted  by  both  nations ;  and  that, 
by  this  generous  and  prudent  conduct, 
they  will  give  at  least  to  the  world,  the 
example  of  a  true  neutrality,  which 
does  not  consist  in  the  cowardly  aban 
donment  of  their  friends  in  the  moment 
when  danger  menaces  them,  but  in  ad 
hering  strictly,  if  they  can  do  no  bet 
ter,  to  the  obligations  they  have  con 
tracted  with  them.  It  is  by  such  pro 
ceeding  that  they  will  render  them 
selves  respectable  to  all  the  powers — 
that  they  will  preserve  their  friends, 
and  deserve  to  augment  their  num 
bers.' 

"  A  few  days  previous  to  the  recep 
tion  of  the  letter  from  which  the  fore 
going  extract  is  taken,  two  citizens  of 
the  United  States,  who  had  been  en 
gaged  by  M.  Genet,  in  Charleston,  to 
cruise  in  the  service  of  France,  were 
arrested  by  the  civil  magistrate,  in  pur 
suance  of  a  determination  of  the  execu 
tive  to  prosecute  persons  having  thus 
offended  against  the  laws.  M.  Genet 
demanded  their  release  in  the  following 

O 

extraordinary  terms : — 

" 4 1  have  this  moment  been  informed, 
that  tAvo  officers  in  the  service  of  the 
republic  of  France,  citizen  Gideon  Hen- 
field,  and  John  Singletary,  have  been 


arrested  on  board  the  privateer  of  the 
French  republic,  the  Citizen  Genet,  and 
conducted  to  prison.  The  crime  laid 
to  their  charge — the  crime  which  my 
mind  cannot  conceive,  and  which  my 
pen  almost  refuses  to  state — is  the  serv 
ing  of  France,  and  defending,  with  her 
children,  the  common  glorious  cause  of 
liberty.  Being  ignorant  of  any  positive 
law  or  treaty  which  deprives  Americans 
of  this  privilege,  and  authorizes  officers 
of  police  arbitrarily  to  take  mariners, 
in  the  service  of  France,  from  on  board 
their  vessels,  I  call  upon  your  interven 
tion,  sir,  and  that  of  the  president  of 
the  United  States,  in  order  to  obtain 
the  immediate  releasement  of  the  above- 
mentioned  officers,  who  have  acquired, 
by  the  sentiments  animating  them,  and 
by  the  act  of  their  engagement,  ante 
rior  to  every  act  to  the  contrary,  the 
right  of  French  citizens,  if  they  have 
lost  that  of  American  citizens.'  "* 

The  madness  and  folly  of  Genet  did 
not,  however,  provoke  the  administra 
tion  into  any  unseemly  language,  or 
any  severity  of  rebuke  ;  and  the  long- 
suffering  and  patience  of  Washington, 
under  the  outrageous  violence  and 
abuse  which  he  received  from  un 
scrupulous  presses,  are  worthy  of  our 
reverent  regard.f 


*  See  Marshall's  "Z(/b  of  Washington,"  vol.  ii.,  pp. 
262-67. 

t  A  paragraph  or  two,  from  the  leading  opposition 
papers  of  the  day,  may  be  quoted  here,  as  illustrating 
the  tone  adopted  by  Genet's  supporters  towards 
Washington.  "  The  minister  of  France,  T  hope,"  said 
Freneau,  in  the  National  Gazette,  "wilJ  act  with 
firmness  and  with  spirit.  The  people  are  his  friends, 
or  the  friends  of  France,  and  he  will  have  nothing  to 
apprehend ;  tor  as  yet,  the  people  are  sovereign  of 
the  United  States.  Too  much  complacency  is  an  in- 


CH.  VII.] 


THE  CASE  OF  THE  LITTLE  DEMOCRAT. 


3-23 


Genet,  influenced  by  passion,  and 
rendered  furious  by  finding  the  presi 
dent  firmly  resolved  to  maintain  the 
ground  which  he  had  assumed,  was 
ready  for  any  steps  which  might  sug 
gest  themselves.  Urged  on  by  the 
party  press,  he  constantly  attended  the 
fetes  which  were  given  him,  at  which 
red  caps  of  liberty  appeared  and  circu 
lated,  and  in  which  toasts  were  given, 
as  flattering  to  the  French  republican, 
as  vituperative  of  the  American  gov 
ernment.  Nor  were  these  meetings 
confined  to  occasions  of  conviviality. 
Societies  were  formed  on  the  model  of 
the  clubs  in  Paris,  and  one  was  set  on 
foot  in  Philadelphia,  for  the  purpose  of 
influencing,  as  far  as  possible,  both  the 
legislature  and  the  cabinet. 

In  a  particular  instance, — that  of  Le 
Petit  Democrat, — M.  Genet  took  occa 
sion  to  show  his  contempt,  at  once  for 
the  authorities  of  the  country  and  for 
his  own  word.  A  captured  British 
ship  was  fitted  out  in  the  very  harbor 
of  Philadelphia,  as  a  privateer  against 
the  English.  It  was  ready  to  sail,  when 
information  of  the  fact  reached  the 
secretary  of  state.  Washington  was 
then  at  Mount  Vernon,  and  Genet,  af- 


jury  done  his  cause,  for  as  every  advantage  is  already 
taken  of  France  (not  by  the  people)  further  conde 
scension  may  lead  to  further  abuse.  If  one  of  the 
leading  features  of  our  government  is  pusillanimity, 
when  the  British  lion  shows  his  teeth,  let  France  and 
her  minister  act  as  becomes  the  dignity  and  justice 
of  their  cause,  and  the  honor  and  faith  of  nations." 
"  It  is  no  longer  possible  to  doubt,"  said  the  General 
Advertiser,  also  published  in  Philadelphia,  "that  the 
intention  of  the  executive  of  the  United  States  is,  to 
look  upon  the  treaty  of  amity  and  commerce  which 
exists  between  France  and  America,  as  a  nullity; 
and  that  they  are  prepared  to  join  the  league  of  kings 
against  France." 


ter  much  abusive  language  and  many 
violent  threats,  gave  his  promise,  that 
the  vessel  in  question  should  not  sail 
till  the  president's  return.  His  word 
was  given  and  broken :  for  the  Little 
Democrat,  in  contempt  of  the  express 
order  for  the  retention  of  all  privateers 
in  port,  did,  about  the  middle  of  July, 
set  sail  upon  her  cruise.* 

While  the  government  were  debat 
ing  upon  the  best  course  to  be  pur 
sued  with  Genet  and  his  offensive  pre 
tensions,  the  latter  made  complaints 
on  a  subject  of  considerable  im 
portance.  The  principle,  that 
free  bottoms  make  free  goods,  was  en 
grafted  into  the  treaty  of  commerce 
with  France,  but  no  stipulation  on  the 
subject  had  been  made  with  England. 
It  followed,  that  the  belligerent  rights 
of  Britain  were  to  be  decided  by  the 
law  of  nations.  Construing  this  law  to 
give  security  to  the  goods  of  a  friend 
in  the  bottoms  of  an  enemy,  and  to 
subject  the  goods  of  an  enemy  to  cap 
ture  in  the  bottoms  of  a  friend,  the 
British  cruisers  took  French  property 
out  of  American  vessels,  and  their 
courts  condemned  it  as  lawful  prize. 
Genet  had  remonstrated  against  the  ac 
quiescence  of  the  executive  in  this  ex 
position  of  the  law  of  nations,  in  such 
terms  as  he  was  accustomed  to  employ. 
On  the  9th  of  July,  in  the  midst  of  the 
contest  respecting  the  Little  Democrat, 
he  had  written  a  letter,  demanding  an 


*  On  the  subject  of  I^e  Petit  Democrat,  see  Mar 
shall's  "Life  of  Washington,"  vol.  ii..  pp.  270-72. 
Consult  also,  a  note  in  Tucker's  "  Life  of  Jeffenon" 
vol.  i.,  p.  432,  in  which  is  pointed  out  what  the  au 
thor  considers  unfairness  towards  Jefterson  on  the 
part  of  Marshall. 


324 


TRIALS   OF  THE  ADMINISTRATION. 


[Bic.  IV. 


immediate  and  positive  answer  to  the 
question,  what  measures  the  president 
had  taken,  or  would  take,  to  cause  the 
American  flag  to  be  respected. 

Towards  the  close  of  July,  M.  Genet 
again  addressed  the  secretary  of  state 
on  the  subject.  After  complaining  of 
the  insults  offered  to  the  American  flag, 
by  seizing  the  property  of  Frenchmen 
confided  to  its  protection,  he  added, 
"Your  political  rights  are  counted  for 

nothing.  .       .  In  vain  does  the  desire  of 

~ 

preserving  peace  lead  to  sacrifice  the 
interest  of  France  to  that  of  the  mo 
ment  ;  in  vain  does  the  thirst  of  riches 
preponderate  over  honor  in  the  political 
balance  of  America;  all  this  manage 
ment,  all  this  condescension,  all  this  hu 
mility,  end  in  nothing;  our  enemies 
laugh  at  it ;  and  the  French,  too  confi 
dent,  are  punished  for  having  believed 
that  the  American  nation  had  a  flag, 
that  they  had  some  respect  for  their 
laws,  some  conviction  of  their  strength, 
and  entertained  some  sentiment  of 

their  dignity If  our  fellow-citizens 

have  been  deceived,  if  you  are  not  in  a 
condition  to  maintain  the  sovereignty 
of  your  people,  speak ;  we  have  guar 
antied  it  when  slaves,  we  shall  be  able 
to  render  it  formidable,  having  become 
freemen." 

Jefferson,  in  reply  to  Genet's  letter 
of  July  9th,  wrote,  "  I  believe  it  cannot 
be  doubted,  but  that,  by  the  general  law 
of  nations,  the  goods  of  a  friend  found 
in  the  vessel  of  an  enemy  are  free,  and 
the  goods  of  an  enemy  found  in  the 
vessel  of  a  friend,  are  lawful  prize. 
Upon  this  principle,  I  presume,  the 
British  armed  vessels  have  taken  the 
property  of  French  citizens  found  in 


1793. 


our  vessels,  in  the  case  above-men 
tioned,  and  I  confess  I  should  be  at  a 
loss,  on  what  principle  to  reclaim  it." 
Genet  resisted  this  view  of  the  matter 
with  all  his  might,  and  resorting  to 
menaces  and  accusations  against  the 
president,  he  insolently  threatened  an 
appeal  to  the  people  ! 

These  repeated  insults  convinced 
Washington,  that  further  forbearance 
and  moderation  were  beneath  the  dig 
nity  and  self-respect  of  the  government, 
and  he  determined  to  insist  upon  Genet's 
recall.*  A  letter  was  written 
on  the  16th  of  August,  to  Mr. 
Morris,  the  minister  of  the  United 
States,  at  Paris,  giving  a  full  account 
of  the  matter,  with  the  correspondence, 
to  be  laid  before  the  French  govern 
ment.  Genet's  passion,  on  receiving,  in 
September,  the  news  of  this  resolve  of 
the  president,  can  be  conceived  of  only 
by  a  perusal  of  his  letter  addressed,  on 
that  occasion,  to  the  secretary  of  state. 
The  asperity  of  his  language  was  not 
confined  to  the  president,  whom  he  still 
set  at  defiance,  nor  to  those  "gentle 
men  who  had  been  painted  to  him  so 
often  as  aristocrats  and  partisans  of 
England."  Its  bitterness  was  also  ex 
tended  to  the  secretary  of  state  him 
self,  who  had,  he  said,  "initiated  him 
into  mysteries  which  had  inflamed  his 
hatred  against  all  those  who  aspire  to 
an  absolute  power.7' 

*  "A  more  remarkable  chapter  can  hardly  be 
found  in  the  history  of  diplomacy,  than  might  he  fur 
nished  from  the  records  of  this  mission  of  Genet.  It 
is  a  memorable  instance  of  the  infatuation  to  which 
a  man  of  respectable  talents  and  private  character, 
may  be  driven  by  political  frenzy." — Sparks's  "Life 
of  Washington"  p.  452.  See  also,  a  note  from 
Tucker's  "Life  of  Jefferson,"  on  p.  312. 


Cii.  VII.] 


RELATIONS   WITH   ENGLAND. 


325 


During  these  deliberations,  M.  Genet 
was  received  in  New  York  with  the 
same  marks  of  unlimited  attachment 
which  had  been  exhibited  in  the  more 
southern  states.  At  this  place,  too,  he 
manifested  the  same  desire  to  encourage 
discontent  at  the  conduct  of  the  gov 
ernment,  and  to  embark  America  in  the 
quarrel,  by  impressing  upon  the  people 
the  opinion,  that  the  existence  of  lib 
erty  depended  on  the  success  of  the 
French  republic. 

It  is  not  necessary  to  enlarge  upon 
this  topic.  Marshall  has  given  a  full 
and  exact  account  of  the  various  steps 
which  were  taken  both  by  Genet  and 
the  executive  ;  the  singular  persistence 
of  the  former,  in  his  attempts  to  set  at 
defiance  the  government ;  the  large  en 
couragement  he  received  from  parti 
sans  of  France,  and  opponents  of  the 
administration ;  the  intemperate  and 
arrogant  letter,  which  he  addressed  to 
the  president,  and  circulated  through 
the  newspapers ;  the  flagrant  outrage 
committed  against  the  neutrality  of  the 
United  States,  by  the  French  consul  in 
Boston ;  Genet's  schemes  for  attacks  on 
Florida  and  Louisiana;  the  virulence 
and  excesses  of  party  warfare ;  and  such 
like.  Our  limits  do  not  admit  of  dwel 
ling  upon  these  matters,  and  we  must 
refer  the  reader  to  Marshall,  for  the 
particulars.* 


*  See  Marshall's  "  Life  of  Washington"  vol.  ii.,  pp. 
260-84.  As  a  specimen  of  that  curious,  and  hardly 
creditable  collection,  left  by  Jefferson,  termed  "The 
Anas"  we  quote  a  passage,  in  which  Washington  is 
introduced  in  a  rather  unusual  light,  for  one  whose 
self-control  was  nearly  perfect :  "  The  president  mani 
festly  inclined  to  the  appeal  to  the  people.  Knox,  in 
a  foolish  incoherent  sort  of  a  speech,  introduced  the 
pasquinade  lately  printed,  called  the  funeral  of  George 
VOL. 


Iii  several  respects,  the  relations 
with  England  were  in  a  very  perplexed 
and  annoying  condition.  England  had 
never  looked  with  satisfaction  upon 
the  probable  increase  in  wealth  and 
power  of  the  United  States,  and  sin; 
was  quite  ready  to  avail  her 
self  of  causes  of  complaint,  to 
throw  obstructions  in  the  path  of  her 
former  colonies.  The  progress  of  ne 
gotiations  with  Mr.  Hammond  had  been 
very  slow,  and  very  far  from  satisfac 
tory.  The  posts  on  the  frontier  were 
still  held,  contrary  to  the  treaty  of 
peace,  and  there  was  no  doubt  of  Brit 
ish  interference  with  the  Indians  in  the 
north-west.  With  the  insolence  of  su 
perior  power,  British  vessels  of  war 
stopped  American  ships,  searched  them, 
and  impressed  American  seamen  within 
the  acknowledged  jurisdiction  of  the 
United  States ;  and  privateers  from  the 
Bermudas  committed  depredations  on 
American  commerce  with  impunity, 
and  even  the  sanction  of  the  admiralty 
courts  in  those  islands.  The  French 


W — n,  and  James  W — n,  king  and  judge,  etc.,  whero 
the  president  was  placed  on  a  guillotine.  The  presi 
dent  was  much  inflamed ;  got  into  one  of  those  pas 
sions  when  lie  cannot  command  himself;  ran  on  much 
on  the  personal  abuse  which  had  been  bestowed  on 
him ;  defied  any  man  on  eartli  to  produce  one  single 
act  of  his  since  he  had  been  in  the  government, 
which  was  not  done  on  the  purest  motives;  that  he 
had  never  repented  but  once  the  having  slipped  the 
moment  of  resigning  his  office,  and  that  was  every 
moment  since  ;  that,  by  God,  he  had  rather  be  in  his 
grave,  than  in  his  present  situation ;  that  he  had 
rather  be  on  his  farm,  than  to  be  made  emperor  of 
the  world ;  and  yet  that  they  were  charging  him 
with  wanting  to  be  a  king.  That  that  rascal,  Fre- 
neau,  sent  him  three  of  his  papers  every  day,  as  if  he 
thought  he  would  become  the  distributor  of  his 
papers;  that  he  could  see  in  this  nothing  but  an  im 
pudent  design  to  insult  him  :  he  ended  in  this  high 
tone." — Jefferson's  "Writings,"  vol.  ix.,  p.  164. 


326 


TRIALS   OF  THE  ADMINISTRATION. 


[BK.  IV. 


1793. 


government  having,  in  direct  contra 
vention  of  the  treaty,  authorized,  in 
May,  of  this  year,  the  arrest  of  neutral 
vessels  laden  with  enemies'  goods,  or 
with  provisions  destined  for  an 
enemy's  port,  Great  Britain  re 
taliated,  with  a  design  of  distressing 

O  O 

France,  by  issuing  two  orders  in  coun 
cil,  the  one  in  June,  the  other  in  No 
vember,  which  operated  with  peculiar 
force  upon  the  commerce  of  the  United 
States.  By  the  first  order,  British 
cruisers  were  directed  to  stop  all  ships 
loaded  with  corn,  flour  or  meal,  bound 
to  any  French  port,  and  send  them  to 
some  convenient  port,  where  the  car 
goes  might  be  purchased  on  behalf  of 
the  British  government.*  By  the 
second,  ships  of  war  and  privateers 
were  charged  to  detain  all  vessels, 
laden  with  goods,  produced  in  any 
colony  belonging  to  France,  or  with 
provisions  for  any  such  colony,  and 
to  bring  them  for  adjudication  to  the 
courts  of  admiralty. 

Outrage  such  as  this  upon  the  rights 
of  neutrals,  gave  occasion  to  earnest 
and  indignant  remonstrance  on  the  part 
of  the  United  States,  and  the  orders  in 
council  were  denounced  as  unjust  in 
principle  and  injurious  to  a  high  degree 
in  their  effects. 

Another  event  likewise  occurred  this 
year,  peculiarly  distressing  to  American 
commerce  and  seamen,  and  added  not 
a  little  to  the  excitement  in  the  public 
mind  against  Great  Britain.  For  many 
years,  war  had  existed  between  Portu 
gal  and  Algiers.  In  consequence  of 


*  Pitkin,  (vol.  ii.,  pp.  396-403,)  gives  particulars, 
with  the  documents,  etc. 


this,  Algerine  cruisers  had  been  con 
fined  to  the  Mediterranean,  by  a  Por 
tuguese  fleet ;  and  the  commerce  of 
the  United  States,  as  well  as  that  of 
Portugal  herself,  had  been  protected 
in  the  Atlantic,  from  piratical  depreda 
tions.  In  September,  1793,  an  unex 
pected  truce,  for  a  year,  was  concluded 
between  Portugal  and  Algiers.  The 

O  O 

Dey's  cruisers,  therefore,  immediately, 
and  without  previous  notice,  passed 
into  the  Atlantic ;  and  American  ves 
sels,  while  on  their  way  to  Portugal 
and  other  parts  of  Europe,  and  without 
the  smallest  suspicion  of  danger,  be 
came  a  prey  to  these  lawless  freeboot 
ers,  and  many  American  seamen  were 
doomed  to  slavery.  There  was  no  rea 
sonable  doubt,  that  England  had  a  great 
deal  to  do  with  this  matter,  and  that, 
beside  her  determination  to  carry  on 
war  against  France,  she  was  not  very 
unwilling  that  the  United  States  should 
also  suffer  the  evils  incident  to  their 
commerce  being  entirely  unprotected 
by  any  naval  force. 

The  causes  of  discontent  which  were 
furnished  by  Spain,  as  Mai-shall  states, 
though  less  the  theme  of  public  decla 
mation,  continued  to  be  considerable. 
That  which  related  to  the  Mississippi 
was  peculiarly  embarrassing.  The  opin 
ion  had  been  industriously  circulated, 
that  an  opposition  of  interests  existed 
between  the  eastern  and  the  western 
people,  and  that  the  endeavors  of  the 
executive  to  open  this  great  river  were 
feeble  and  insincere.  At  a  meeting  of 
the  Democratic  Society,  in  Lexington, 
Kentucky,  this  sentiment  was  unani 
mously  avowed  in  terms  of  extreme 
disrespect  to  the  government ;  and  a 


CH.  VII.] 


OPENING  SPEECH  TO  THE  THIRD   CONGRESS. 


327 


1 793. 


committee  was  appointed  to  open  a 
correspondence  with  the  inhabitants 
of  the  entire  west,  for  the  pur 
pose  of  uniting  them  on  this 
subject,  and  of  preparing  a  remon 
strance  to  the  president  and  Congress 
of  the  United  States,  to  be  expressed 
"  in  the  bold,  decent  and  determined 
language,  proper  to  be  used  by  injured 
freemen  when  they  address  the  ser 
vants  of  the  people."  They  claimed 
much  merit  for  having  thus  long  ab 
stained  from  using  the  means  they  pos 
sessed,  for  the  assertion  of  "  a  natural 
and  unalienable  right,"  and  indicated 
their  opinion  that  this  forbearance 
could  not  be  long  continued.  The 
probability  that  the  public  expression 
of  these  dangerous  dispositions  would 
perpetuate  the  evil,  could  not  moder 
ate  them.  This  restless  temper  gave 
additional  importance  to  the  expedition 
of  Genet  projected  against  Louisiana, 
Private  communications  strengthened 

O 

the  apprehensions  entertained  by  the 
president  that  hostilities  with  Spain 
were  not  far  distant.  The  government 
had  received  intelligence  from  their 
ministers  in  Europe,  that  propositions 
had  been  made  by  the  cabinet  of  Madrid 
to  that  of  London,  the  object  of  which 
was  the  United  States.  The  precise 
nature  of  these  propositions  was  not 
ascertained ;  but  it  was  understood  gen 
erally,  that  their  tendency  was  hostile  ; 
and  Washington,  writing  to  the  secre 
tary  of  wrar,  in  June,  urged  the  impor 
tance  of  ascertaining  the  Spanish  force 
in  the  Floridas,  and  such  other  matters 
as  might  be  necessary  in  view  of  the 
possible  outbreak  of  a  contest  with 
Spain. 


1793. 


On  the  2d  of  December,  the  third 
Congress  commenced  its  first  session, 
and  the  members  were  punctually  in 
attendance,  notwithstanding  the 
city  of  Philadelphia  was  still 
thought  to  be  liable  to  the  malignant 
fever  which  had  raged  during  the  sum 
mer.*  On  the  3d,  Washington  met 
both  Houses  of  Congress  in  the  Senate 
chamber,  and  delivered  an  able  and 
interesting  speech.  Its  opening  words 
were  as  follows : — 

"Since  the  commencement  of  the 
term  for  which  I  have  been  again 
called  into  office,  no  fit  occasion  has 
arisen  for  expressing  to  my  fellow-citi 
zens  at  large  the  deep  and  respectful 
sense  which  I  feel  of  the  renewed  tes 
timony  of  public  approbation.  While, 
on  the  one  hand,  it  awakened  my  grat 
itude  for  all  those  instances  of  affec 
tionate  partiality  with  which  I  have 

*/ 

been  honored  by  my  country,  on  the 
other,  it  could  not  prevent  an  earnest 
wish  for  that  retirement  from  which 
no  private  consideration  could  ever 
have  torn  me.  But,  influenced  by  the 
belief  that  my  conduct  would  be  es 
timated  according  to  its  real  motives, 
and  that  the  people,  and  the  authori 
ties  derived  from  them,  would  support 
exertions  having  nothing  personal  for 
their  object,  I  have  obeyed  the  suffrage 
which  commanded  me  to  resume  the 
executive  power;  and  I  humbly  im 
plore  that  Being  on  whose  will  the  fate 


*  The  yellow  fever  broke  out  early  in  August,  and 
continued  its  ravages  until  November.  Philadelphia 
numbered  about  50,000  inhabitants  at  that  date ;  one 
third  were  computed  to  have  left  the  city ;  and  yet, 
during  the  prevalence  of  the  fever,  there  were  over 
4,000  deaths. 


328 


TRIALS   OF  THE  ADMINISTRATION. 


.  IV. 


1793. 


of  nations  depends,  to  crown  with  suc 
cess  our  mutual  endeavors  for  the  gen 
eral  happiness." 

Passing  to  the  new  and  delicate  situ 
ation  in  which  the  United  States  had 
been  placed,  in  consequence  of  the  war, 
which,  in  the  course  of  the  year,  had 
embraced  most  of  the  nations  of  Eu 
rope,  particularly  those  with  which 
they  had  the  most  extensive  relations 
and  connections,  Washington  stated, 
that  he  had  thought  it  his  duty  to  ad 
monish  his  fellow-citizens  of  the 
consequences  of  a  contraband 
trade,  and  particularly  of  hostile  acts 
to  either  party;  and  that,  to  preserve 
the  country  in  peace,  he  had  adopted 
some  general  rules,  which,  while  they 
conformed  to  existing  treaties,  asserted 
the  privileges  of  the  United  States. 
He  further  observed,  that  it  must  rest 
with  Congress  to  correct,  improve  or 
enforce  these  rules ;  and  suggested,  that 
some  further  legislative  aid  would  be 
found  expedient,  especially  in  cases 
where  individuals,  within  the  United 
States,  should  array  themselves  in  hos 
tility  against  any  of  the  powers  at  war, 
enter  upon  military  expeditions  or  en 
terprises,  or  usurp  or  exercise  judicial 
authority  therein ;  and  where  the  pen 
alties  for  a  violation  of  the  laws  of 
nations  were  indistinctly  marked  or 
were  inadequate.  He  at  the  same 
time  recommended,  that  while  the 
United  States  adopted  measures  for 
the  fulfilment  of  their  duties  towards 
others,  they  should  not  neglect  those 
which  were  necessary  for  placing  the 
country  in  a  competent  state  of  defence ; 
and  that  they  should  exact  from  others 
the  fulfilment  of  duties  towards  them 


selves.  "The  United  States,"  he  said, 
"ought  not  to  indulge  a  persuasion, 
that,  contrary  to  the  order  of  human 
events,  they  will  forever  keep  at  a  dis 
tance  those  painful  appeals  to  arms 
with  which  the  history  of  every  nation 
abounds.  There  is  a  rank  due  to  the 
United  States  among  nations,  which 
will  be  withheld,  if  not  absolutely  lost, 
by  the  reputation  of  weakness.  If  we 
desire  to  avoid  insult,  we  must  be  able 
to  repel  it ;  if  we  desire  to  secure 
peace,  one  of  the  most  powerful  instru 
ments  of  our  prosperity,  it  must  be 
known  that  we  are,  at  all  times,  ready 
for  war." 

After  stating  the  continuance  of 
Indian  hostilities,  and  recommending, 
among  other  things,  that  provision  be 
made  for  the  regular  redemption  of 
the  public  debt,  and  for  the  purchase 
of  arms  and  military  stores,  he  con 
cluded  his  speech  in  these  impressive 
words : — 

"The  several  subjects  to  which  I 
have  now  referred,  open  a  wide  range 
to  your  deliberations;  and  involve 
some  of  the  choicest  interests 
of  our  common  country.  Per 
mit  me  to  bring  to  your  remembrance 
the  magnitude  of  your  task.  Without 
an  unprejudiced  coolness,  the  welfare 
of  the  government  may  be  hazarded  ; 
without  harmony,  as  far  as  consists  with 
freedom  of  sentiment,  its  dignity  may 
l)e  lost.  But,  as  the  legislative  pro 
ceedings  of  the  United  States  will 
never,  I  trust,  be  reproached  for  the 
want  of  temper  or  candor,  so  shall  not 
the  public  happiness  languish  from  the 
want  of  my  strenuous  and  warmest  co 
operation." 


1793. 


CH.  VII.] 


WASHINGTON'S  MESSAGE  TO   CONGRESS. 


1793. 


On  the  5th  of  December,  a  message 
was  sent  to  both  Houses,  respecting 
the  relations  of  the  United  States  with 
foreign  powers,  especially  Great  Britain 
and  France.  Having  stated  the  extra 
ordinary  orders  and  decrees  of  the  bel 
ligerents,  and  the  effect  of  these  upon 
the  commerce  of  the  United  States,  he 
went  on  to  observe,  in  regard  to  the 
conduct  of  the  French  minister 
sent  to  this  country  by  the  re 
presentative  and  executive  bodies  of 
France, — "  It  is  with  extreme  concern 
I  have  to  inform  you,  that  the  proceed 
ings  of  the  person  whom  they  have  un 
fortunately  appointed  their  minister- 
plenipotentiary  here,  have  breathed 
nothing  of  the  friendly  spirit  of  the 
nation  which  sent  him ;  their  tendency, 
on  the  contrary,  has  been  to  involve  us 
in  war  abroad,  and  in  discord  and 
anarchy  at  home.  So  far  as  his  acts, 
or  those  of  his  agents,  have  threatened 
our  immediate  commitment  in  the  war, 
or  flagrant  insult  to  the  authority  of 
the  laws,  their  effect  has  been  counter 
acted  by  the  ordinary  cognizance  of 
the  laws,  and  by  an  exertion  of  the 
powers  confided  to  me.  Where  their 
danger  was  not  imminent,  they  have 
been  borne  with,  from  sentiments  of 
regard  to  his  nation;  from  a  sense  of 
their  friendship  towards  us;  from  a 
conviction  that  they  would  not  suffer 
us  to  remain  long  exposed  to  the  action 
of  a  person  who  has  so  little  respect 
for  our  mutual  dispositions ;  and,  I  will 
add,  from  a  reliance  on  the  firmness  of 
my  fellow-citizens  in  their  principles  of 
peace  and  order."  The  message  was 
accompanied  with  copies  of  the  corre 
spondence  between  Mr.  Jefferson  and 


1793. 


Genet ;  and  of  the  letter  written  by 
the  secretary  of  state  to  Mr.  Morris, 
which,  as  Mai-shall  says,  "justified  the 
conduct  of  the  United  States  by  argu 
ments  too  clear  to  be  misunderstood, 
and  too  strong  ever  to  be  encoun 
tered." 

The  committee  in  the  House,  Mr. 
Madison  being  at  the  head,  prepared 
an  answer  to  the  president's  speech, 
which  was  unanimously  adopted.* 
"The  United  States,"  it  was  said, 
"  having  taken  no  part  in  the  war, 
which  has  embraced  in  Europe  the 
powers  with  whom  they  have 
the  most  extensive  relations, 
the  maintenance  of  peace  was  justly  to 
be  regarded  as  one  of  the  most  impor 
tant  duties  of  the  magistrate,  charged 
with  the  faithful  execution  of  the  laws. 
We,  accordingly,  witness  with  appro 
bation  and  pleasure,  the  vigilance  with 
which  you  have  guarded  an  interrup 
tion  of  that  blessing,  by  your  procla 
mation  admonishing  our  fellow-citizens 
of  the  consequences  of  illicit  and  hostile 
acts  towards  the  belligerent  parties ; 
and  promoting,  by  a  declaration  of  the 
existing  legal  state  of  things,  an  easier 
admission  of  our  right  to  the  immuni 
ties  belonging  to  our  situation." 

The  Senate,  beside  expressing  their 
gratification  at  the  president's  unani 
mous  re-election,  declared  the  procla 
mation  to  be  a  "measure  well  timed 
and  wise,  manifesting  a  watchful  solic- 


*  The  republican  or  democratic  party  had  gained 
strength  in  the  recent  elections,  and  they  were  able, 
by  the  addition  of  new  members,  to  elect  their  can 
didate,  Frederick  A.  Muhlenbnrg,  as  speaker,  by  a 
majority  often  votes,  over  Theodore  Sedgwick,  whom 
the  federalists  supported. 


330 


TRIALS   OF  THE  ADMINISTRATION. 


BK.  IV. 


itude  for  the  welfare  of  the  nation,  and 
calculated  to  promote  it."* 

A  few  days  later,  a  confidential  mes 
sage  was  sent  in,  respecting  the  critical 
situation  of  affairs  with  Spain.  We 
have  alluded  to  this  point  on  a  previ 
ous  page,  (see  p.  326,)  and  have  spoken 
of  some  of  the  difficulties  in  the  way 
of  amicable  settlement  of  matters  in 
dispute.  Spain,  now  in  alliance  with 
England,  was  disposed  to  take  a  high 
tone,  and  to  treat  rather  cavalierly  the 
propositions  of  Washington,  that  each 
nation  should  with  good  faith  promote 
the  peace  of  the  other  with  the  neigh 
boring  Indian  tribes.  About  the  same 
time,  the  Spanish  government  enter 
tained,  or  affected  to  entertain,  sus 
picions  of  hostile  incitements  by  the 
agents  of  the  United  States,  to  disturb 
their  peace  with  the  Indians.  These 
representations  were  made  in  a  style, 
and  accompanied  with  pretensions,  to 
which  the  American  executive  could 
not  be  inattentive.  His  Catholic  Ma 
jesty  claimed  to  be  the  patron  and  pro 
tector  of  those  Indians.  He  assumed  a 
right  to  mediate  between  them 
and  the  United  States,  and  to 
interfere  in  the  settlement  of  their 
boundaries.  At  length,  his  represent 
atives,  complaining  of  the  aggressions 
of  American  citizens  on  the  Indians, 
declared,  "  that  the  continuation  of  the 


*  Early  in  the  session,  a  discussion  arose  on  a  peti 
tion  against  Albert  Gallatin,  elected  Senator  from 
Pennsylvania,  as  not  being  duly  qualified.  After  a 
sharp  debate,  during  the  month  of  February,  his 
election  was  declared  void,  and  James  Ross  was 
chosen  by  the  state  in  his  stead.  On  this  occasion, 
the  Senate  opened  its  doors  to  the  public,  a  practice 
which  has  continued  ever  since. 


1793. 


peace,  good  harmony  and  perfect 
friendship  of  the  two  nations,  was  very 
problematical  for  the  future,  unless  the 
United  States  should  take  more  con 
venient  measures,  and  of  greater  energy, 
than  those  adopted  for  a  long  time  past." 

The  arrogant  pretensions  of  the 
French  republic,  though  still  supported 
by  many  out  of  doors,  found  no  open 
advocates  in  the  House,  or  in  the  Sen 
ate.  The  dignity  and  firmness  of  the 
president  had  produced  their  usual 
effect;  and  the  opposition  party  felt 
that  "an  attack  on  the  administration 
could  be  placed  on  no  ground  more  dis 
advantageous,  than  on  its  controversy 
with  M.  Genet.  The  conduct  and  lan 
guage  of  that  minister  were  offensive 
to  reflecting  men  of  all  parties.  To 
the  various  considerations  growing  out 
of  the  discussions  themselves,  and  of 
the  parties  engaged  in  them,  one  was 
added  which  could  not  be  disregarded. 
The  party  in  France,  to  which  M. 
Genet  owed  his  appointment,  had  lost 
its  power ;  and  his  fall  was  the  inevita 
ble  consequence  of  the  fall  of  his  pat 
rons.  That  he  would  probably  be 
recalled  was  known  in  America;  and 
that  his  conduct  had  been  disapproved, 
was  generally  believed.  The  future 
course  of  the  French  republic  towards 
the  United  States  could  not  be  fore 
seen;  and  it  would  be  committing 
something  to  hazard,  not  to  wait  its 
development." 

The  secretary  of  state,  nearly  three 
years  previously,  had  been  instructed, 
by  a  resolution  of  the  House,  to 
make  a  report  as  to  the  nature 
and  extent  of  the  privileges  granted 
to  American  commerce,  as  well  as 


1793. 


CH.  VII.] 


MR.   MADISON'S   RESOLUTIONS. 


331 


the  restrictions  imposed  upon  it  by  for 
eign  nations  ;  and  also,  as  to  the  meas 
ures,  in  his  opinion,  proper  for  the 
improvement  of  the  commerce  and 
navigation  of  the  United  States.  The 
making  of  this  report  had  been  de 
layed  on  several  accounts,  and  it  was 
not  till  near  the  close  of  Jefferson's 
connection  with  the  cabinet,  that  he 
found  time  to  have  it  in  readiness  to 
present  to  Congress.  It  was,  in  fact, 
his  last  official  act,  and,  pursuant  to  his 
determination  months  before,  he  re 
signed  his  office  on  the  last  day  of 
December,  1793.* 

This  report  stated  the  exports  of  the 
United  States,  in  articles  of  their  own 
produce  and  manufacture,  at  $19,587,- 
055;  and  the  imports,  at  $19,823,060. 
Of  the  exports,  nearly  one-half  was 
carried  to  Great  Britain  and  her  col 
onies  ;  of  the  imports,  about  four-fifths 
were  brought  from  the  same  countries. 
The  American  shipping  amounted  to 
277,519  tons,  of  which  not  quite  one- 
sixth  was  employed  in  the  trade  with 
Great  Britain  and  her  dominions.  A 


*  Marshall,  (vol.  ii.,  p.  298,)  points  out  very  clearly 
the  opportune  period  of  Jefferson's  retirement,  when 
the  federalists  could  not  but  praise  the  ability  with 
which  he  had  conducted  the  correspondence  with 
Genet,  and  the  republicans  were  proud  of  his  evident 
partiality  for  France  and  dislike  of  Great  Britain.  It 
would  hardly  have  been  possible  for  Jefferson  to 
have  continued  much  longer  in  the  cabinet,  without 
departing,  to  some  extent,  from  the  principles  and 
views  on  public  affairs  which  he  held  and  defended 
on  every  occasion.  Mr.  Tucker,  (vol.  i.,  p.  469,)  in 
this  connection,  says ;  "  It  is  certain,  that  Monticello 
was,  in  this,  and  the  two  succeeding  years,  the  head 
quarters  of  those  opposed  to  the  federal  policy,  and 
that  few  measures  of  the  republican  party  in  Con 
gress,  were  undertaken  without  his  (Jefferson's)  ad 
vice  or  concurrence.  He  even  had  an  agency  in  di 
recting  the  attacks  of  the  opposition  journals,"  etc. 


detailed  account  was  given  of  the  priv 
ileges  granted  to  American  commerce, 
and  the  restrictions  imposed  upon  it. 
Two  methods  were  presented  in  the 
report,  for  modifying  and  counteracting 
the  restrictions  on  the  commerce  of  the 
country.  1st.  By  amicable  arrange 
ments,  as  being  the  most  eligible,  if 
practicable;  and  2d.  By  countervail 
ing  acts,  on  the  part  of  the  American 
government,  where  friendly  arrange 
ments  could  not  be  made. 

On  the  3d  of  January,  1794,  the 
House  resolved  itself  into  a  committee 
of  the  whole  on  the  report  of  the  late 
secretary  of  state,  Avhen  Mr.  Madison, 
after  some  prefatory  observations, 
offered  a  series  of  resolutions  for  the 
consideration  of  the  members. 

The  substance  of  the  first  of  these 
celebrated  resolutions  was,  that  the  in 
terest  of  the  United  States  would  be 
promoted  by  further  restric 
tions  and  higher  duties,  in  cer 
tain  cases,  on  the  manufactures  and 
navigation  of  foreign  nations.  The  ad 
ditional  duties  were  to  be  laid  on  cer 
tain  articles  manufactured  by  those 
European  nations  which  had  no  com 
mercial  treaties  with  the  United  States. 
The  articles  selected  were  those  manu 
factured  principally  from  leather,  wool, 
cotton,  silk,  hemp,  flax,  iron,  steel,  pew 
ter,  copper  and  brass.  These  resolu 
tions  required  reciprocity  in  navigation, 
except  with  respect  to  the  West  India 
trade.  On  foreign  vessels  employed 
in  this  trade,  higher  tonnage  duties 
were  to  be  imposed,  as  well  as  ad 
ditional  duties  on  their  cargoes.  The 
last  of  the  resolutions  declared,  that 
provision  ought  to  be  made  for  ascer- 


332 


TRIALS   OF   THE  ADMINISTRATION. 


[BK.  IV. 


taming  the  losses  sustained  by  Amer 
ican  citizens,  from  the  operation  of 
particular  regulations  of  any  country, 
contravening  the  law  of  nations ;  and 
that  these  losses  be  reimbursed,  in  the 
first  instance,  out  of  the  additional 
duties  on  the  manufactures  and  vessels 
of  the  nation  establishing  such  regula 
tions. 

"The  debate  on  this  subject,"  as  Mr. 
Benton  says,  "was  one  of  the  most  elab 
orate  and  most  replete  with  knowledge 
of  commercial  principles  and  statistics, 
which  our  Congress  has  furnished. 
....  In  this  great  debate,  as  in  that 
upon  the  bank  of  the  United  States, 
the  genius  of  Hamilton  and  Jefferson 
were  pitted  against  each  other,  each 
having  made  opposite  reports  on  each 
question,  which  were  the  magazines 
from  which  the  opposing  speakers  in 
Congress  chiefly  armed  themselves, — 
Mr.  Madison  being  the  chief  exponent 
of  the  Jeifersonian  side,  and  Mr.  Wil 
liam  Smith  of  South  Carolina,  that  of 
General  Hamilton."* 

On  the  3d  of  February,  the  first  reso 
lution,  which  contained,  as  above  stated, 
the  general  principle  of  Madison's  com 
mercial  policy, — discriminating  duties 
in  favor  of  the  nations  with  whom  the 
United  States  had  treaties  of  com 
merce, — was  carried  by  a  majority  of 
five,  in  a  Hou.se  of  ninety-seven.  The 
extent  of  the  trade  with  Great  Britain, 

*  See  "Abridgement  of  the  Debates  of  Congress," 
vol.  i.,  p.  458.  For  a  full  and  careful  abstract  of  the 
arguments  on  these  resolutions  of  Mr.  Madison,  see 
Marshall's  "  Life  of  Washington,"  vol.  ii.,  pp.  299- 
3 1 4-.  See,  also,  an  extract  from  Fisher  Ames's  speech, 
made  in  committee  of  the  whole,  against  Mr.  Mad 
ison's  resolutions,  Appendix  III.,  at  the  end  of  the 
present  chapter. 


1794. 


and  especially  of  the  imports  from 
her ; — the  credit  which  her  merchants 
gave  ; — the  existence  of  restrictions 
especially  imposed  on  her  commerce, 
whilst  none  of  the  restrictions  of  which 
the  Americans  complained  were  im 
posed  on  them  alone,  special 
favor  being  shown  to  the  trade 
with  the  United  States ; — the  certainty 
of  the  destruction  of  their  own  com 
merce  ; — the  remarkable  fact,  that  the 
New  England  members,  who  might  be 
expected  to  know  better  on  this  ques 
tion  than  others,  having  more  to  do 
with  manufactures  and  trade,  were 
all  against  the  resolutions,  whilst  the 
southern  states  were  most  in  their 
favor; — these,  and  similar  arguments, 
were  urged  against  Madison's  proposi 
tions,  along  with  an  effective  array  of 
statistics,  corrective  or  contradictory 
of  the  statements  on  the  other  side. 

Mr.  Madison,  in  advocating  the  views 
which  he  held,  looked  especially  to 
measures  correspondent  to  the  Brit 
ish  navigation  act,  which  had  given 
England  the  command  of  the  sea; 
and  in  support  of  this  he  disputed 
the  soundness  of  the  facts  adduced 
by  the  impugher  of  the  resolutions. 
He  contended,  that  America  would 
thrive  more  from  exclusion  and  con 
test  than  from  conciliating  and  stoop 
ing  to  a  power  that  slighted  her ;  and 
that  now  was  the  moment,  if  ever, 
when  England  was  engaged  in  mortal 
struggle  with  France,  to  bring  her  to 
reason. 

When  the  second  resolution  came 
under  consideration,  Mr.  Fitzimmons,  a 
member  from  Pennsylvania,  moved  an 
amendment,  the  effect  of  which  -was, 


Cn.  VII.] 


MEASURES  FOR  NATIONAL  DEFENCE. 


333 


to  extend  its  operation  to  all  nations. 
This  motion  gave  way  to  one  made  by 
Mr.  Nicholas  of  Virginia,  exempting 
all  nations  from  its  operation  except 
Great  Britain.  While  this  was  under 
consideration,  the  whole  subject  was 
postponed  until  the  first  Monday  of 
March,  by  a  majority  of  five ;  the  ad 
vocates  of  the  measure  voting  for  the 
postponement,  and  its  opponents  voting 
against  it. 

Early'  in  January,  a  resolution  had 
been  agreed  to  in  the  House,  declaring 
"that  a  naval  force,  adequate  to  the 
protection  of  the  commerce  of  the 
United  States  acrainst  the  Als;erine 

o  o 

corsairs,  ought  to  be  provided."  The 
force  proposed  was  to  consist  of  six 
frigates. 

This  measure  was  founded  on  the 
communications  of  the  president  re 
specting  the  improbability  of  being 
able  to  negotiate  a  peace  with  the  dey 
of  Algiers ;  and  on  undoubted  informa 
tion  that  these  pirates  had,  during  their 
first  short  cruise  in  the  Atlantic,  cap 
tured  eleven  American  merchantmen, 
and  made  upwards  of  one  hundred 
prisoners ;  and  were  preparing  to  renew 
their  attack  on  the  unprotected  vessels 
of  the  United  States. 

In  every  stage  of  its  progress,  this 
bill  was  most  strenuously  opposed.  On 
no  question  had  the  influence  of  party 
feeling  been  more  strongly  exhibited. 
Not  even  the  argument,  that  it  would 
be  cheaper  to  purchase  the  protection 
of  foreign  powers  than  to  provide  for 
the  national  defence  by  a  small  naval 
force,  was  too  humiliating  to  be  urged. 

The  original  resolution  was  carried 
by  a  majority  of  two  voices  only;  but 

VOL.  If.— 42 


1794 


as  the  bill  advanced,  several  members 
who  were  accustomed  to  vote  in  the 
opposition,  gave  it  their  support ;  and, 
on  the  final  question,  a  majority  of 
eleven  appeared  in  its  favor.  The 
other  branch  of  the  legislature  concur 
red,  and  it  received  the  cordial  assent 
of  the  president.* 

Before  the  subject  of  Mr.  Madison's 
commercial  resolutions  was  resumed  in 
the  House,  the  news  of  the  British  or 
der  in  council  of  the  6th  of  November, 
(which  had  not  become  known  to  the 
American  minister  in  England,  until 

O 

the  close  of  December,  1793,)  relative 
to  the  French  West  India  trade,  ar 
rived  in  the  United  States,  and  roused 
afresh  the  hostility  against  England. 
Such  was  the  threatening  as 
pect  of  affairs,  that  early  in  the 
session,  a  committee  of  the  House  was 
instructed  to  prepare  and  report  an  es 
timate  of  the  expense  requisite  to  place 
the  principal  seaports  of  the  country  in 
a  state  of  defence.f 

That  some  steps  should  be  taken  to 
resist  aggressions  on  the  part  of  Eng 
land,  was  very  evident ;  but  the  mem 
bers  of  Congress  differed  as  to  what 
measures  ought  to  be  adopted.  The 
opponents  of  the  administration  urged 
the  adoption  of  commercial  restrictions, 


*  See  Marshall's  "  Life  of  Washington,"  vol.  ii., 
pp.  314-18. 

t  While  the  discussions  in  Congress  looked  evi 
dently  towards  war,  the  speech  made  by  Lord  Dor 
chester,  on  the  20th  of  February,  to  the  deputies  of 
a  great  number  of  Indian  tribes,  assembled  at  Quebec, 
was  received  in  the  United  States.  It  contained 
pretty  plain  indications,  that  war  was  not  unexpect 
ed  ;  and  his  lordship  avowed  the  opinion,  that,  in 
such  an  event,  a  new  line  between  the  two  nations 
must  bo  drawn  by  the  sword. 


334 


TRIALS   OF  THE  ADMINISTRATION. 


[BK.  IV. 


while  its  supporters,  with  the  president 
himself,  were  in  favor  of  a  different 
course.  Various  plans  were  submitted 
to  the  House  by  members  in  accord 
ance  with  their  different  views  of  the 
subject. 

On  the  12th  of  March,  Mr.  Sedg- 
tvick  proposed  sundry  resolutions,  the 
purport  of  which  was,  that  fifteen 
regiments  of  auxiliary  troops  be  en 
listed  for  two  years,  on  condition,  that 
if  war  should  break  out  within  that 
time,  between  the  United  States  and 
any  foreign  European  nation,  they 
should  be  bound  to  serve  three  years, 
after  the  commencement  of  the  war, 
should  the  same  so  long  continue ;  the 
troops,  however,  to  receive  no  pay,  un 
til  the  war  happened,  except  half  a 
dollar  per  day,  for  each  day's  exercise 
in  military  discipline.* 

By  the  last  of  the  resolutions,  the 


*  "  The  probability  of  a  war  with  England  was  in 
creased  during  the  winter,  not  only  by  the  violent 
hostility  of  the  opposition,  but  by  the  conduct  of  that 
power  itself;  and  it  became  evident,  that  the  defen 
sive  preparations  recommended  by  the  president, 
were  absolutely  necessary.  Measures  for  this  pur 
pose  were  accordingly  introduced  ;  and  let  it  be  re 
membered,  by  the  so-called  British  party.  From  the 
federalists  originated  the  embargo,  the  navy,  the  ad 
ditional  troops  and  the  provincial  army.  In  all  these 
measures,  they  were  encountered  by  the  majority  of 
the  opposition.  The  conduct  of  the  anti-federalists 
was  indeed  extraordinary.  While  on  the  one  hand, 
they  opposed  to  the  utmost,  the  establishment  of  a 
small  naval  force  for  the  suppression  of  the  Algerine 
cruisers,  and  recommended  in  lieu  thereof,  the  pur 
chase  of  peace  with  those  pirates ;  on  the  other,  they 
passed  every  measure  which  could  plunge  the  coun 
try  into  a  war  with  the  most  powerful  maritime  nation 
in  the  world ;  and  the  principal  weapons  with  which 
they  proposed  to  coerce  her,  were  commercial  restric 
tions,  non-intercourse  and  the  sequestration  of  the 
debts  due  to  her  subjects." — Gibbs's  "  Administra 
tions  of  Washington  and  Adams"  vol.  L,  p.  122. 


1791. 


president  was  authorized  to  lay  an  em 
bargo,  for  forty  days,  in  case  he  deemed 
the  safety  and  welfare  of  the  country 
required  it.  After  an  ineffectual  at 
tempt  to  take  up  this  resolution,  the 
House,  on  the  14th  of  March,  resumed 
the  discussion  of  Mr.  Madison's  com 
mercial  plan  ;  but  without  coming  to  a 
decision.  The  debates  upon  it  were 
renewed  with  increased  heat  on  both 
sides. 

The  opponents  of  the  measure  urged 
the  impropriety  of  its  adoption,  in  the 
alarming  state  of  affairs  with  Great 
Britain  ;  if  viewed  as  a  peace  measure, 
they  said  it  was  impolitic,  if  a 
war  measure,  inefficient.  The 
great  injuries  the  United  States  had 
received,  and  were  receiving,  from 
British  spoliations,  demanded  a  much 
more  energetic  course  of  conduct ;  that 
the  time  had  arrived  when  they  must 
seriously  prepare  for  war ;  that  with 
out  a  speedy  redress  for  these  injuries, 
war  was  inevitable.  While  the  advo 
cates  of  the  plan  urged  its  efficiency, 
they  declared,  that  its  adoption  would 
not  preclude  any  other  which  might 
be  proposed. 

To  prevent  American  commerce  from 
being  further  exposed  to  depredation, 
Congress,  on  the  26th  of  March,  author 
ized  the  president  to  lay  an  embargo 
on  all  ships  and  vessels  in  the  ports  of 
the  United  States,  bound  to  any  for 
eign  port  or  place,  for  the  term  of 
thirty  days.*  The  resolutions  of  Mr. 
Sedgwick,  for  raising  troops,  being  neg 
atived,  he  immediately  proposed,  in 


*  The  embargo  was  laid,  March  26th,  and  con 
tinued  to  May  25th,  1794. 


CH.  VII.] 


RETALIATORY  MEASURES. 


335 


general  terms,  "that  measures  ought 
immediately  to  be  taken  to  render  the 
force  of  the  United  States  more  effi 
cient."  This  proposition  being  adopt 
ed,  a  committee,  to  whom  it  was  re 
ferred,  reported  that  an  addition  be 
made  to  the  regular  military  force,  in 
cluding  a  corps  of  artillerists  and  en 
gineers  ;  that  the  president  be  author 
ized  to  call  on  the  executives  of  the 
several  states,  to  organize,  and  hold  in 
readiness  to  march  at  a  moment's  warn 
ing,  eighty  thousand  militia. 

Mr.  Madison  having  given  notice, 
that  he  should  call  up  his  commercial 
regulations,  unless  some  member  had 
more  important  matter  to  press  upon 
the  attention  of  Congress,  Mr.  Smith, 
of  South  Carolina,  urged  the  subject  of 
indemnity  to  the  owners  of  vessels  and 
cargoes  which  had  been  captured  by 
some  of  the  belligerent  powers.  He 
accordingly  introduced  a  resolution  to 
that  effect.  Mr.  Dayton,  deeming  it 
only  right  to  designate  the  fund  from. 
which  such  indemnity  was  to  be  made, 
submitted  two  resolutions  to  the  House, 
on  the  2  7th  of  March,  for  sequestering 
all  debts  due  *to  British  subjects,  and 
for  taking  measures  to  secure  their  pay 
ment  into  the  treasury  of  the  United 
States.  The  debate  on  these  resolu 
tions  was  such  as  was  to  be  expected 
from  the  irritable  state  of  the  public 
mind.  Before  any  question  was  taken 
on  them,  Mr.  Clarke  moved  a  resolu 
tion  to  prohibit  all  intercourse  with 
Great  Britain,  until  her  government 
should  make  full  compensation  for  all 
injuries  done  to  the  citizens  of  the 
United  States,  by  armed  vessels,  or  by 
any  person  or  persons,  acting  under  the 


authority  of  the  British  king  ;  and  un 
til  the  western  posts  should  be  deliv 
ered  up.* 

On  the  4th  of  April,  the  president 
laid  before  Congress  a  letter  just  re 
ceived  from  Mr.  Pinckney,  communi 
cating  additional  instructions  to  the 
commanders  of  British  armed  ships, 
dated  the  8th  of  January,  which 

1794. 

revoked  those  of  the  6th  of 
November,  and  directed  British  cruisers 
to  bring  in  those  neutral  vessels  only, 
which  were  laden  with  cargoes,  the 
produce  of  the  French  islands,  and 
were  on  a  direct  voyage  from  those 
islands  to  Europe.  The  American  min 
ister  transmitted  the  details  of  a  con 
versation  with  Lord  Grenville,  relative 
to  the  order  in  council  of  the  Oth  of 
November,  1793.  It  seemed  plain,  that 
the  British  government  did  not  desire 
to  push  matters  to  an  extremity  with 
the  United  States,  at  the  present  junc 
ture. 

The  influence  of  Mr.  Pinckney's  com 
munication  was  considerable  with  the 
federalists.  Believing  that  the  differ 
ences  between  the  two  nations  still  ad 
mitted  of  adjustment,  they  opposed  all 
measures  which  tended  to  irritate,  or 
which  might  be  construed  into  a  dere 
liction  of  the  neutral  character  they 
were  desirous  of  maintaining  ;  but  gave 
all  their  weight  to  those  which  might 
prepare  the  nation  for  war,  should  ne 
gotiation  fail.  The  republicans,  how 
ever,  did  not  abate  their  opposition, 


*  For  the  debates  on  the  sequestration  of  British 
debts,  and  non-intercourse  with  Great  Britain,  see 
Benton's  "  Abridgement  of  the  Debates  of  Congress," 
vol.  ii.,  pp.  482-98. 


336 


TRIALS   OF  THE  ADMINISTRATION. 


[BK.  IV. 


and  the  powerful  agency  of  the  press, 
and  of  the  democratic  societies,  was 
brought  to  bear,  in  order  to  keep 
alive  and  increase  hostility  against 
England.  "  Language,"  as  Marshall 
says,  "will  scarcely  afford  terms  of 
greater  outrage,  than  were  employed 
against  those  who  sought  to  moderate 
the  rage  of  the  moment.  They  were 
denounced  as  a  British  faction,  seeking 
to  impose  chains  on  their  countrymen. 
Even  the  majority  was  declared  to  be 
but  half  roused,  and  to  show  little  of 
that  energy  and  decision  which  the 
crisis  required."* 

In  this  critical  position  of  public 
affairs,  Washington  was  steadfast  in 
his  adherence  to  the  principles  he  had 
always  avowed,  and  was  neither  to  be 
enticed  nor  driven  from  the  path  of 
right,  by  popular  applause,  or  popular 
abuse.  As  a  truly  brave,  as  well  as 
good  man,  he  looked  upon  war  as  only 
a  last  resort ;  and  he  knew  that  peace 
was  above  all  things  important,  not 
only  to  the  prosperity  of  the  country, 
but  also  to  prevent  such  entangling  al 
liance  with  France,  as  would  involve 
the  United  States  in  difficulties  and 
perplexities  of  a  very  serious  character. 
It  was  his  conviction,  that  the  differ 
ences  between  our  country  and  Eng 
land  had  not  yet  reached  a  point 
wherein  it  would  be  dishonorable  to 
attempt  a  settlement,  except  by  the 
sword ;  and  so  he  resolved  upon  that 
decisive  measure,  which  alone  seemed 
to  afford  any  hope  of  successfully  ter- 

*  Marshall's  "  Life  of  Washington,"  vol.  ii.,  p.  322. 
The  learned  author,  in  several  pages  following  this, 
gives  various  weighty  reasons  why  war,  at  that  date, 
was  especially  to  bo  deprecated. 


1791. 


minating  the  disputes  and  differences 
between  the  two  nations. 

On  the  16th  of  April,  Washington 
nominated  Chief  Justice  Jay,*  as  en 
voy-extraordinary  of  the  United  States 
to  his  Britannic  majesty.  "The  com 
munications,"  he  said  in  his  mes 
sage  to  the  Senate,  making  this 
nomination,  "which  I  have  made  to 
you,  during  the  present  session,  from 
the  dispatches  of  our  minister  at  Lon 
don,  contain  a  serious  aspect  of  our 
affairs  with  Great  Britain.  But  as 
peace  ought  to  be  pursued  with  unre- 
mitted  zeal,  before  the  last  resource, 
which  has  so  often  been  the  scoursre  of 

O 

nations,  and  cannot  fail  to  check  the 
advanced  prosperity  of  the  United 
States,  is  contemplated,  I  have  thought 
proper  to  nominate,"  etc. 

"  My  confidence  in  our  minister-ple 
nipotentiary  in  London,  continues  undi- 
minished.  But  a  mission  like  this, 
while  it  corresponds  with  the  solem 
nity  of  the  occasion,  will  announce  to 
the  world  a  solicitude  for  the  friendly 
adjustment  of  our  complaints,  and  a 
reluctance  to  hostility.  Going  imme 
diately  from  the  Unite'd  States,  such 


*  Mr.  Tucker,  speaking  of  the  objections  of  the 
republicans  to  the  appointment  of  John  Jay,  says; 
it  was  "urged  by  them,  that  those  invested  with 
judicial  authority  should  not  mingle  in  other  con 
cerns,  and  still  less,  with  those  of  party  politics,  lest 
they  should  carry  their  political  feelings  on  the  bench  ; 
and  that,  if  the  judges  could  be  rewarded  with  offices 
of  greater  distinction  and  emolument,  it  would  favor 
that  spirit  of  dependence,  against  which  the  Consti 
tution  meant  to  guard,  in  providing  that  their  offices 
should  not  be  taken  away,  nor  their  salaries  dimin 
ished;  and  that  the  only  effectual  way  of  securing 
their  independence,  was  to  make  them  as  inaccessible 
to  the  hope  of  reward,  as  to  the  fear  of  punishment." 
—"Life  of  Jefferson"  vol.  L,-p.  481. 


Cn.  VII.] 


MEASURES   FOR  NATIONAL  DEFENCE. 


337 


an  envoy  will  carry  with  him  a  full 
knowledge  of  the  existing  temper  and 
sensibility  of  our  country ;  and  will 
thus  be  taught  to  vindicate  our  rights 
with  firmness,  aud  to  cultivate  peace 
with  sincerity." 

The  views  of  the  president  on  this 
trying  occasion  were  more  particularly 
stated,  in  a  note  to  the  secretary  of 
state,*  the  day  preceding  this  nomina 
tion.  "My  objects  are,"  said  he,  "to 
prevent  a  war,  if  justice  can  be  ob 
tained  by  fair  and  strong  representa 
tions  (to  be  made  by  a  special  envoy) 
of  the  injuries  which  this  country  has 
sustained  from  Great  Britain,  in  vari 
ous  ways  ;  to  put  it  in  a  complete  state 
of  military  defence ;  aud  to  provide 
eventually  such  measures,  as  seem  to 
be  now  pending  in  Congress  for  execu 
tion,  if  negotiation,  in  a  reasonable 
time,  proves  unsuccessful."  The  nom 
ination  of  Mr.  Jay,  though  opposed  by 
Aaron  Burr,  and  others,  was  approved 
in  the  Senate,  by  a  vote  of  eighteen  to 
eight. 

Notwithstanding  the  measure  re 
solved  upon  by  "Washington,  in  com 
missioning  Mr.  Jay  to  endeavor  to  pro 
cure  redress  for  spoliations  on  our  com 
merce,  and  to  effect  a  commercial 
treaty,  the  opponents  of  the 
administration  pushed  their 
views,  in  the  House,  and  succeeded, 
on  the  21st  of  April,  in  carrying  a  bill, 
cutting  off  all  commercial  intercourse 
with  Great  Britain,  by  a  vote  of  fifty- 
eight  to  thirty-eight.  "  Had  this  meas- 

*  Mr.  Randolph  had  been  appointed  secretary  of 
state  early  in  January,  1794,  and  was  succeeded  in 
the  office  of  attorney-general,  by  William  Bradford, 
January  27th,  1794.  . 


1794. 


ure  been  carried  through  both  branches 
of  the  legislature,  there  can  be  little 
doubt,  that  it  would  have  rendered 
the  mission  of  Mr.  Jay  wholly  abor 
tive.  The  effect  must  have  been,  to 
involve  the  United  States,  as  a  party, 
in  the  terrific  contest  then  just  begin 
ning  between  the  great  powers  of  Eu 
rope.  Peace  depended  upon  the  ac 
tion  of  the  Senate,  and  the  Senate  was 
almost  equally  divided.  When  the 
question  came  up  for  decision,  on  the 
28th  of  April,  upon  two  or  three  pre 
liminary  divisions,  the  opposition  did 
not  appear  to  rally;  but  on  the  pas 
sage  of  the  bill  to  a  third  reading, 
the  vote  stood  thirteen  to  thirteen. 
The  vice-president  then  exercised  his 
privilege  of  a  casting  vote,  and  the 
measure  was  defeated."*  The  conse 
quence  of  this  was,  that  the  major 
ity  in  the  House  desisted,  for  a  time, 
from  pressing  their  views  upon  Con 
gress. 

In  order  to  provide  for  that  state  of 
things  which  seemed  unavoidable,  in 
the  failure  of  the  negotiation, 
Congress,  after  the  appoint 
ment  of  Mr.  Jay,  proceeded  to  place 
the  country  in  a  posture  of  defence. 
The  principal  ports  and  harbors  were 
directed  to  be  fortified.  A  detach 
ment  of  eighty  thousand  militia  was 
required  from  the  several  states,  to  be 
ready,  at  a  moment's  warning ;  the  ex 
portation  of  arms  was  prohibited  for  a 


*  "  Life  and  Works  of  John  Adams"  vol.  i.,  p.  457. 
The  grandson  of  Mr.  Adams  mentions,  with  natural 
pride,  a  number  of  other  instances,  in  which  the  cast 
ing  vote  of  the  vice-president  was  {riven  to  sustain 
the  measures  which  Washington  and  the  federalists 
deemed  essential  to  the  integrity  of  the  government. 


1791. 


338 


TRIALS   OF  THE  ADMINISTRATION. 


[BK.  IV. 


year,  and  the  importation  of  brass 
cannon,  muskets,  swords,  cutlasses,  mus 
ket  balls,  lead  and  gunpowder,  was  en 
couraged,  by  permitting  them  to  come 
in  duty  free  ;  and  a  corps  of  artillerists 
and  engineers  was  established.  The 
president  was  also  authorized  to  pur 
chase  a  number  of  galleys,  and  to  lay 
an  embargo,  whenever,  in  his  opinion, 
the  public  safety  should  require  it,  du 
ring  the  recess  of  Congress. 

To  meet  the  necessary  expenses,  the 
internal  taxes  were  increased,  by  lay 
ing  duties  on  carriages,  snuff,  refined 
sugar,  on  sales  at  auction,  and  on  li 
censes  for  selling  wines  and  spirituous 
liquors  by  retail.  These  duties  were 
violently  opposed ;  and  that  on  car 
riages  was  declared,  by  its  opponents, 
unconstitutional ;  and  in  Virginia  the 
collection  of  this  tax  was  disputed,  un 
til  a  decision  of  the  supreme  court  of 
the  United  States  in  favor  of  it. 

Congress,  also,  agreeably  to  the  rec 
ommendations  of  the  president,  at  the 
opening  of  the  session,  took  measures 
to  prevent  the  laws  and  sovereignty  of 
the  country  from  being  again  outraged 
by  foreigners,  as  well  as  to  secure  the 
neutrality  of  the  United  States  from 
being  compromitted  by  acts  of  their 
own  citizens.  The  enlistment  of  men, 
either  as  soldiers  or  seamen,  within  the 
territory  or  jurisdiction  of  the  United 
States,  in  the  service  of  any  foreign 
prince  or  state,  was  prohibited,  under 
a  penalty  of  $1,000,  and  imprisonment 
not  exceeding  three  years ;  the  arming 
of  vessels  in  American  ports,  to  be  em 
ployed  in  the  service  of  any  foreign 
state,  for  the  purpose  of  committing 
hostilities  on  the  subjects  or  citizens  of 


1794. 


any  nation  with  whom,  the  United 
States  were  at  peace,  and  the  issuing 
of  a  commission  within  the  United 
States,  for  any  vessel  to  be  so  employ 
ed,  were  also  prohibited  under  severe 
penalties ;  nor  was  the  armament  of 
any  foreign  vessel  to  be  increased  in 
American  ports.  Persons  who  should 
begin  or  set  on  foot,  any  military  ex 
pedition  or  enterprise,  to  be  car 
ried  on  from  the  United  States, 
against  the  dominions  of  any  foreign 
power  at  peace  with  them,  were  like 
wise  subjected  to  severe  punishments ; 
and  the  president  was  authorized  to 
employ  the  land  and  naval  force  of  the 
Union,  to  compel  the  observance  of 
these  laws. 

Necessary  as  it  was  to  adopt  meas 
ures  of  this  decisive  character,  the 
whole  strength  of  the  opposition  was 
exerted  against  them.*  Motions  to 
strike  out  the  most  essential  clause 
were  repeated,  and  each  motion  was 
negatived  by  the  casting  vote  of  the 
vice-president.  It  was  only  by  his 
voice,  the  bill  was  finally  passed.  In 
the  House,  this  bill  also  encountered 
serious  opposition,  and  a  section  which 
prohibited  the  sale  of  prizes  in  the 
United  States  was  struck  out. 

In  view  of  the  increased  demands 
upon  the  treasury,f  the  committee  of 


*  For  Mr.  Tucker's  account  of  the  materials  of 
which  the  federal  and  republican  parties  were  com 
posed,  see  his  "Life  of  Jefferson"  vol.  i.,  pp.  483-85. 

t  At  the  request  of  Hamilton,  inquiry  was  renewed 
in  regard  to  his  official  condrct.  Mr.  Giles,  and 
others  of  his  political  opponents,  were  placed  on  a 
committee  for  this  purpose  ;  but  the  severest  scrutiny 
failed  to  discover  anything  amiss  in  the  discharge  of 
the  important  duties  of  his  office. 


"•" 


CH.  VII.] 


MONROE  MINISTER  TO  FRANCE. 


339 


1791. 


ways  and  means  reported  several  reso 
lutions  for  extending  the  internal  duties 
to  various  objects,  as  we  have  mentioned 
above,  for  an  augmentation  of 
the  imposts,  and  for  a  direct  tax. 
Only  thirteen  members  voted  for  the 
direct  tax.  The  augmentation  of  the 
duty  on  imports  met  with  no  opposi 
tion.  The  internal  duties  were  intro 
duced  in  separate  bills,  that  each 
might  encounter  those  objections  only 
which  should  be  made  to  itself.  A 
resolution  in  favor  of  stamps  was  re 
jected;  the  others  were  carried,  after 
repeated  and  obstinate  debates. 

On  the  9th  of  June,  this  active  and 
stormy  session,  as  Marshall  terms  it, 
was  closed  by  an  adjournment  to  the 
first  Monday  in  November. 

We  may  properly  mention  here,  as 
closely  connected  with  the  mission  of 
John  Jay  to  England,  the  appointment 
of  James  Monroe,  on  the  28th  of  May, 
as  minister-plenipotentiary  to  France. 
Gouverneur  Morris,  after  some  four 
years'  service  near  the  French  court, 
had  given  so  little  satisfaction  to  the 
ruling  powers  there,  in  consequence  of 
his  entire  want  of  sympathy  with  the 
revolutionary  excesses  of  France,  that 
his  recall  was  requested,  nay,  demand 
ed,  and  himself  treated  with  extreme 
discourtesy.  Washington,  who  always 
held  the  balance  between  the  two 
parties,  having  appointed  John  Jay,  a 
decided  federalist,  to  proceed  to  Eng 
land,  was  prepared,  accordingly,  to  se 
lect  some  prominent  man  of  the  repub 
lican  party,  to  succeed  Mr.  Morris  in 
France.  Mr  Monroe's  predilections 


were  well  known  to  the  president,  and 
his   nomination   was   unanimously  ap 
proved   by   the    Senate;    and   it   was 
hoped,  that  his  efforts  would  be  suc 
cessful,  in  settling  the  difficulties  which 
had  sprung  up  with  France,  and  threat 
ened   very  serious   consequences.     In 
deed,  the  objects  of  this  extraordinary 
mission  had  now  become  of  vital  im 
portance.    "  The  surreptitious  attempts 
of  France    to  draw  this  country  into 
the  war,  had  been  but  a  part  of  the  in 
juries   committed   by  her.     The  long 
continued  and  distressing  embargo,  on 
the  vessels  in  the   port   of  Bordeaux, 
illegal  captures  by  French  ships  of  war 
and  privateers,  the  seizure  and  forced 
sales  of  cargoes  and  their  appropriation 
to   public   use   without   payment,*  the 
non-performance  of  contracts  made  by 
the  agents  of  the  government  for  sup 
plies,  the  oppressions  exercised  by  their 
courts  of  admiralty,  the  taking  all  for 
eign   trade   from   individuals  into  the 
hand  of  government,  successive  orders 
and  decrees  contrary  to  treaty  stipula 
tions,  were  fast  making  up  a  catalogue 
of  wrongs  against  our  self-styled  ally, 
that    far    overshadowed   those    which 
had  so  justly  excited  public  indignation 
against   Great   Britain.      Unless  these 

o 

could  be  redressed,  war,  submission  to 
the  will  of  France,  or  national  disgrace 
and  private  ruin  must  follow."'55 

The  result  of  these  missions  to  France 
and  England  respectively,  we  shall  re 
late  in  a  subsequent  chapter. 

*  Gibbs's  "Administrations  of  Washington  and 
Adams,"  vol.  i.,  p.  139. 


340                                           APPENDIX  TO 

CHAPTER   VII.                                      [B*.  IV. 

APPENDIX    TO 

CHAPTER    VII. 

I.  QUESTIONS  PROPOSED  BY  PRESIDENT  WASH 

8.  Does  the  war  in  which  France  is  engaged 

INGTON,  FOR   THE   CONSIDERATION    OF   THE 

appear  to  be  offensive  or  defensive  on  her  part? 

MEMBERS  OF  THE   CABINET,  IN   APRIL,  1793, 
WITH  THE  LETTER  WHICH  ENCLOSED  THEM. 

or  of  a  mixed  and  equivocal  character  ? 
9.  If  of  a  mixed  and  equivocal  character,  does 

PHILADELPHIA,  April  18th,  1793. 

the  guarantee  in  any  event  apply  to  such  a  war  ? 

Sm,  —  The  posture  of  affairs  in  Europe,  partic 

10.  What  is  the  effect  of  a  guarantee,  such  as 

ularly  between  France  and  Great  Britain,  places 

that  to  be  found  in  the  treaty  of  alliance  between 

the  United  States  in  a  delicate  situation,  and  re 

the  United  States  and  France  ? 

quires  much  consideration  of  the  measures  which 

11.  Does  any  article  in  either  of  the  treaties 

will  be  proper  for  them  to  observe  in  the  war  be 

prevent  ships  of  war,  other  than  privateers  of  the 

tween  those  powers.     With  a  view  to  forming  a 

powers  opposed  to  France,  from  coming  into  the 

general  plan  of  conduct  for  the  executive,  I  have 

ports  of  the  United  States  to  act  as  convoys  to 

stated  and  enclosed  sundry  questions  to  be  con 

their  own  merchantmen  ?  or  does  it  lay  any  other 

sidered  preparatory  to  a  meeting  at  my  house  to 

restraints  upon  them  more  than  would  apply  to 

morrow,  where  I  shall  expect  to  see  you  at  nine 

the  ships  of  war  of  France  ? 

o'clock,  and  to  receive  the  result  of  your  reflec 

12.  Should  the  future  regent  of  France  send  a 

tions  thereon. 

minister  to  the  United  States,  ought  he  to  be  re 

QUESTION  1.  Shall  a  proclamation  issue  for  the 

ceived  ? 

purpose  of  preventing  interferences  of  the  citizens 

13.  Is  it  necessary  or  advisable  to  call  together 

of  the  United  States  in  the  war  between  France 

the  two  Houses  of  Congress  with  a  view  to  the 

and  Great  Britain,  &c.  1     Shall  it  contain  a  decla 

present  posture  of  European  affairs  ?  if  it  is,  what 

ration  of  neutrality  or  not  ?     What  shall  it  con 

should  be  the  particular  objects  of  such  a  call? 

tain  ? 

2.  Shall  a  minister  from  the  republic  of  France 

be  received1? 

II.   JOHN    QUINCY  ADAMS    ON    WASHINGTON'S 

3.  If  received,  shall  it  be  absolutely  or  with 

PROCLAMATION  OF  NEUTRALITY. 

qualifications?  and  if  with  qualifications,  of  what 

ON  the  18th  of  April,  1793,  President  Wash 

kind  ? 

ington  submitted  to  his  cabinet  thirteen  questions 

4.  Are  the  United  States  obliged  by  good  faith 

with  regard  to  the  measures  to  be  taken  by  him 

to   consider  the    treaties  heretofore   made  with 

in  consequence  of  the  revolution  which  had  over 

France  as  applying  to  the  present  situation  of  the 

thrown  the  French  monarchy  ;  of  the  new  orga 

parties  ?    May  they  either  renounce  them  or  hold 

nization  of  a  republic  in  that  country  ;  of  the  ap 

them  suspended  until  the  government  of  France 

pointment  of  a  minister  from  that  republic  to  the 

shall  be  established  1 

United  States,  and  of  the  war,  declared  by  the 

5.  If  they  have  the  right,  is  it  expedient  to  do 

National   Convention   of  France   against   Great 

either?  and  which? 

Britain.     The  first  of  these  questions  was,  whe 

6.  If  they  have  an  option,  would  it  be  a  breach 

ther  a  proclamation  should  issue  to  prevent  inter 

of  neutrality  to  consider  the  treaties  in  operation? 

ferences  of  the  citizens  of  the  United  States  in  the 

7.  If  the  treaties  are  to  be  considered  as  now 

war  ?  Whether  the  proclamation  should  or  should 

in  operation,  is  the  guarantee  in  the  treaty  of  alli 

not  contain  a  declaration  of  neutrality  ?     The  se 

ance  applicable  to  a  defensive  war  only,  or  to  a 

cond  was  whether  a  minister  from  the  republic 

war,  either  offensive  or  defensive? 

of  France  should  be  received.     Upon  these  two 

Cii.  VII.] 


THE  PROCLAMATION  OF   NEUTRALITY. 


341 


questions  the  opinion  of  the  cabinet  was  unani 
mous  in  the  affirmative — that  a  proclamation  of 
neutrality  should  issue  and  that  the  minister  from 
the  French  republic  should  be  received.  But 
upon  all  the  other  questions,  the  opinions  of  the 
four  heads  of  the  departments  were  equally  di 
vided.  They  were  indeed  questions  of  difficulty 
and  delicacy  equal  to  their  importance.  No  less 
than  whether,  after  a  revolution  in  France  anni 
hilating  the  government  with  which  the  treaties 
of  alliance  and  of  commerce  had  been  contracted, 
the  treaties  themselves  were  to  be  considered 
binding  as  between  the  nations ;  and  particularly 
whether  the  stipulation  of  guarantee  to  France  of 
her  possessions  in  the  West  Indies,  was  binding 
upon  the  United  States  to  the  extent  of  imposing 
upon  them  the  obligation  of  taking  side  with 
France  in  the  war.  As  the  members  of  the  cab 
inet  disagreed  in  their  opinions  upon  these  ques 
tions,  and  as  there  was  no  immediate  necessity 
for  deciding  them,  the  further  consideration  of 
them  was  postponed,  and  they  were  never  after 
wards  resumed.  While  these  discussions  of  the 
cabinet  of  Washington  were  held,  the  minister- 
plenipotentiary  from  the  French  republic  arrived 
in  this  country.  He  had  been  appointed  by  the 
National  Convention  of  France  which  had  de 
throned,  and  tried,  and  sentenced  to  death,  and 
executed  Louis  the  XVIth,  abolished  the  monar 
chy,  and  proclaimed  a  republic  one  and  indivisi 
ble,  under  the  auspices  of  liberty,  equality  and 
fraternity,  as  thenceforth  the  government  of 
France.  By  all  the  rest  of  Europe,  they  were 
then  considered  as  revolted  subjects  in  rebellion 
against  their  sovereign  ;  and  were  not  recognized 
as  constituting  an  independent  government. 

General  Hamilton  and  General  Knox  were  of 
opinion  that  the  minister  from  France  should  be 
conditionally  received,  with  the  reservation  of  the 
question,  whether  the  United  States  were  still 
bound  to  fulfil  the  stipulations  of  the  treaties. 
They  inclined  to  the  opinion  that  treaties  them 
selves  were  annulled  by  the  revolution  of  the 
government  in  France — an  opinion  to  which  the 
example  of  the  revolutionary  government  had 
given  plausibility  by  declaring  some  of  the  trea 
ties  made  by  the  abolished  monarchy,  no  longer 
binding  upon  the  nation.  Mr.  Hamilton  thought 
also,  that  France  had  no  just  claim  to  the  fulfil 
ment  of  the  stipulation  of  guarantee,  because  that 
VOL.  II.— 43 


stipulation,  and  the  whole  treaty  of  alliance  in 
which  it  was  contained  were  professedly,  and  on 
the  face  of  them,  only  defensive,  while  the  war 
which  the  French  Convention  had  declared  against 
Great  Britain,  was  on  the  part  of  France  offensive, 
the  first  declaration  having  been  issued  by  her — 
that  the  United  States  were  at  all  events  absolved 
from  the  obligation  of  the  guarantee  by  their  in- 
bility  to  perform  it,  and  that  under  the  Constitu 
tion  of  the  United  States  the  interpretation  of 
treaties,  and  the  obligations  resulting  from  them, 
were  within  the  competency  of  the  executive  de 
partment,  at  least  concurrently  with  legislature. 
It  does  not  appear  that  these  opinions  were  de 
bated  or  contested  in  the  cabinet.  By  their  un 
animous  advice  the  proclamation  was  issued,  and 
Edmund  Charles  Genet  was  received  as  minister- 
plenipotentiary  of  the  French  republic.  Thus 
the  executive  administration  did  assume  and  ex 
ercise  the  power  of  recognizing  a  revolutionary 
foreign  government  as  a  legitimate  sovereign 
with  whom  the  ordinary  diplomatic  relations 
were  to  be  entertained.  But  the  proclamation 
contained  no  allusion  whatever  to  the  United 
States  and  France,  nor  of  course  to  the  article  of 
guarantee  or  its  obligations. 

Whatever  doubts  may  have  been  entertained 
by  a  large  portion  of  the  people,  of  the  right  of 
the  executive  to  acknowledge  a  new  and  revolu 
tionary  government,  not  recognized  by  any  other 
sovereign  state,  or  of  the  sound  policy  of  receiv 
ing  without  waiting  for  the  sanction  of  Congress, 
a  minister  from  a  republic  which  had  commenced 
her  career  by  putting  to  death  the  king  whom  she 
had  dethroned,  and  which  had  rushed  into  war 
with  almost  all  the  rest  of  Europe,  no  manifesta 
tion  of  such  doubts  was  publicly  made.  A  cur 
rent  of  popular  favor  sustained  the  French  Revo 
lution,  at  that  stage  of  its  progress,  which  nothing 
could  resist,  and  far  from  indulging  any  question 
of  the  right  of  the  president  to  recognize  a  new 
revolutionary  government,  by  receiving  from  it  the 
credentials  which  none  but  sovereigns  can  grant, 
the  American  people  would,  at  that  moment,  have 
scarcely  endured  an  instant  of  hesitation  on  the 
part  of  the  president,  which  should  have  delayed 
for  an  hour  the  reception  of  the  minister  from  the 
republic  of  France.  But  the  proclamation  en 
joining  neutrality  upon  the  people  of  the  United 
States,  indirectly  counteracted  the  torrent  of  par- 


342 


APPENDIX  TO   CHAPTER  VII. 


[BK.  IV. 


tiality  in  favor  of  France,  and  was  immediately 
assailed  with  intemperate  violence  in  many  of  the 
public  journals.  The  right  of  the  executive  to 
issue  any  proclamation  of  neutrality  was  fiercely 
and  pertinaciously  denied,  as  a  usurpation  of 
legislative  authority,  and  in  that  particular  case 
it  was  charged  with  forestalling  and  premature 
ly  deciding  the  question  whether  the  United 
States  were  bound,  by  the  guarantee  to  France 
of  her  West  India  possessions  in  the  treaty  of 
alliance,  to  take  side  in  the  war  with  her  against 
Great  Britain  —  and  with  deciding  it  against 
France. 

Mr.  Jefferson  had  advised  the  proclamation; 
but  he  had  not  considered  it  as  deciding  the  ques 
tion  of  the  guarantee.  The  government  of  the 
French  republic  had  not  claimed  and  never  did 
claim  the  performance  of  the  guarantee.  But  so 
strenuously  was  the  right  of  the  president  to  is 
sue  the  proclamation  contested,  that  Mr.  Hamil 
ton,  the  first  adviser  of  the  measure,  deemed  it 
necessary  to  defend  it  inofncially  before  the  pub 
lic.  This  he  did  in  seven  successive  papers  under 
the  signature  of  PACIFICUS.  But  in  defending  the 
proclamation,  he  appears  to  consider  it  as  neces 
sarily  involving  the  decision  against  the  obliga 
tion  of  the  guarantee,  and  maintain  the  right  of 
the  executive  so  to  decide.  Mr.  Madison,  per 
haps  in  some  degree  influenced  by  the  opinions 
and  feeling  of  his  long  cherished  and  venerated 
friend  Jefferson,  was  already  harboring  suspicions 
of  a  formal  design  on  the  part  of  Hamilton,  and 
of  the  federal  party  generally,  to  convert  the  gov 
ernment  of  the  United  States  into  a  monarchy  like 
that  of  Great  Britain,  and  thought  he  perceived 
in  these  papers  of  Pacificus  the  assertion  of  a  pre 
rogative  in  the  president  of  the  United  States  to 
engage  the  nation  in  war.  He  therefore  entered 
the  lists  against  Mr.  Hamilton  in  the  public  jour 
nals,  and  in  five  papers  under  the  signature  of 
HELVIDIUS,  scrutinized  the  doctrines  of  Pacificus 
with  an  acuteness  of  intellect  never  perhaps  sur 
passed,  and  with  a  severity  scarcely  congenial  to 
his  natural  disposition,  and  never  on  any  other 
occasion  indulged.  Mr.  Hamilton  did  not  reply ; 
nor  in  any  of  his  papers  did  he  notice  the  animad 
versions  of  Helvidius.  But  all  the  presidents  of 
the  United  States  have  from  that  time  exercised 
the  right  of  yielding  and  withholding  the  recogni 
tion  of  governments  consequent  upon  revolutions, 


though  the  example  of  issuing  a  proclamation  of 
neutrality  has  never  been  repeated. 

The  respective  powers  of  the  president  and 
Congress  of  the  United  States,  in  the  case  of  war 
with  foreign  powers,  are  yet  undetermined.  Per 
haps  they  can  never  be  defined.  The  Constitu 
tion  expressly  gives  to  Congress  the  power  of  de 
claring  war,  and  that  act  can  of  course  never  be 
performed  by  the  president  alone.  But  war  is 
often  made  without  being  declared.  War  is  a 
state  in  which  nations  are  placed  not  alone  by 
their  own  acts,  but  by  the  acts  of  other  nations. 
The  declaration  of  war  is  in  its  nature  a  legisla 
tive  act,  but  the  conduct  of  war  is  and  must  be 
executive.  However  startled  we  may  be  at  the 
idea  that  the  executive  chief  magistrate  has  the 
power  of  involving  the  nation  in  war,  even  with 
out  consulting  Congress,  an  experience  of  fifty 
years  has  proved  that  in  numberless  cases  he  has 
and  must  have  exercised  the  power.  In  the  case 
which  gave  rise  to  this  controversy,  the  recogni 
tion  of  the  French  republic  and  the  reception  of 
her  minister  might  have  been  regarded  by  the  al 
lied  powers  as  acts  of  hostility  to  them,  and  they 
did  actually  interdict  all  neutral  commerce  with 
France.  Defensive  war  must  necessarily  be 
among  the  duties  of  the  executive  chief  magis 
trate. 

The  papers  of  Pacificus  and  Helvidius  are 
among  the  most  ingenious  and  profound  com 
mentaries  on  that  most  important  part  of  the 
Constitution,  the  distribution  of  the  legislative 
and  executive  powers  incident  to  war,  and  when 
considered  as  supplementary  to  the  joint  labors 
of  Hamilton  and  Madison  in  the  Federalist,  they 
possess  a  deep  and  monitory  interest  to  the  Amer- 
rican  philosophical  statesman.  The  Federalist 
exhibits  the  joint  efforts  of  two  powerful  minds  in 
promoting  one  great  common  object,  the  adop 
tion  of  the  Constitution  of  the  United  States. 
The  papers  of  Pacificus  and  Helvidius  present 
the  same  minds,  in  collision  with  each  other,  ex 
erting  all  their  energies  in  conflict  upon  the  con 
struction  of  the  same  instrument  which  they  had 
so  arduously  labored  to  establish ;  and  it  is  re 
markable,  that  upon  the  points  in  the  papers  of 
Pacificus  most  keenly  contested  by  his  adversary, 
the  most  forcible  of  his  arguments  are  pointed 
with  quotations  from  the  papers  of  the  Federalist, 
written  by  Mr.  Hamilton. 


CH.  VII.] 


AMES'S  SPEECH   ON   MADISON'S   RESOLUTIONS. 


343 


But  whether  in  conjunction  with  or  in  opposi 
tion  to  each  other,  the  co-operation  or  the  encounter 
of  intellects  thus  exalted  and  refined,  controlled 
by  that  moderation  and  humanity,  which  have 
hitherto  characterized  the  history  of  our  Union, 
cannot  but  ultimately  terminate  in  spreading  light 
and  promoting  peace  among  men.  Happy,  thrice 
happy  the  people,  whose  political  oppositions  and 
conflicts  have  no  ultimate  appeal  but  to  their  own 
reason  ;  of  whose  party  feuds  the  only  conquests 
arc  of  argument,  and  whose  only  triumphs  are  of 
the  mind.  In  other  ages  and  in  other  regions 
than  our  own,  the  question  of  the  respective  pow 
ers  of  the  legislature  and  of  the  executive  with 
reference  to  war,  might  itself  have  been  debated 
in  blood,  and  sent  numberless  victims  to  their 
account  on  the  battle-field  or  the  scaffold.  So  it 
was  in  the  sanguinary  annals  of  the  French  rev 
olution.  So  it  has  been  and  yet  is  in  the  succes 
sive  revolutions  of  our  South  American  neighbors. 
May  that  merciful  Being  who  has  hitherto  over 
ruled  all  our  diversities  of  opinion,  tempered  our 
antagonizing  passions,  and  conciliated  our  con 
flicting  interests,  still  preside  in  all  our  councils, 
and  in  the  tempests  of  our  civil  commotions  still 
ride  in  the  whirlwind  and  direct  the  storm. 


III.  F1SIIER  AMES'S   SPEECH  ON  MR.  MADISON'S 
COMMERCIAL  RESOLUTIONS. 

IF  we  take  the  aggregate  view  of  our  commer 
cial  interests,  we  shall  find  much  more  occasion 
for  satisfaction,  and  even  exultation,  than  com 
plaint,  and  none  for  despondence.  It  would  be 
too  bold  to  say,  that  our  condition  is  so  eligible 
there  is  nothing  to  be  wished.  Neither  the  order 
of  nature,  nor  the  allotments  of  Providence,  afford 
perfect  content ;  and  it  would  be  absurd  to  expect 
in  our  politics  what  is  denied  in  the  laws  of  our 
being.  The  nations  with  whom  we  have  inter 
course  have,  without  exception,  more  or  less  re 
stricted  their  commerce.  They  have  framed  their 
regulations  to  suit  their  real  or  fancied  interests. 
The  code  of  France  is  as  full  of  restrictions  as 
that  of  England.  We  have  regulations  of  our 
own  ;  and  they  are  unlike  those  of  any  other  coun 
try.  Inasmuch  as  the  interest  and  circumstances 
of  nations  vary  so  essentially,  the  project  of  an 
exact  reciprocity  on  our  part  is  a  vision.  What 


we  desire  is,  to  have,  not  an  exact  reciprocity,  but 
an  intercourse  of  mutual  benefit  and  convenience. 

It  has  scarcely  been  so  much  as  insinuated, 
that  the  change  contemplated  will  be  a  profitable 
one ;  that  it  will  enable  us  to  sell  dearer  and  to 
buy  cheaper :  on  the  contrary,  we  are  invited  to 
submit  to  the  hazards  and  losses  of  a  conflict  with 
our  customers ;  to  engage  in  a  contest  of  self-de 
nial.  For  what  ? — to  obtain  better  markets  1  No 
such  thing ;  but  to  shut  up  forever,  if  possible, 
the  best  market  we  have  for  our  exports,  and  to 
confine  ourselves  to  the  dearest  and  scarcest  mar 
kets  for  our  imports.  And  this  is  to  be  done  for 
the  benefit  of  trade  ;  or,  as  it  is  sometimes  more 
correctly  said,  for  the  benefit  of  France.  This 
language  is  not  a  little  inconsistent  and  strange 
from  those  who  recommend  a  non-importation 
agreement,  and  who  think  we  should  even  re 
nounce  the  sea  and  devote  ourselves  to  agricul 
ture.  Thus,  to  make  our  trade  more  free,  it  is  to 
be  embarrassed,  and  violently  shifted  from  one 
country  to  another,  not  according  to  the  interest 
of  the  merchants,  but  the  visionary  theories  and 
capricious  rashness  of  the  legislators.  To  make 
trade  better,  it  is  to  be  made  nothing. 

So  far  as  commerce  and  navigation  are  regard 
ed,  the  pretences  for  this  contest  are  confined  to 
two.  We  are  not  allowed  to  carry  manufactured 
articles  to  Great  Britain,  nor  any  products,  ex 
cept  of  our  own  growth ;  and  we  are  not  permit 
ted  to  go,  with  our  own  vessels,  to  the  West  In 
dies.  The  former,  which  is  a  provision  of  the 
navigation  act,  is  of  little  importance  to  our  inter 
ests,  as  our  trade  is  chiefly  a  direct  one,  our  ship 
ping  not  being  equal  to  the  carrying  for  other  na 
tions  ;  and  our  manufactured  articles  are  not  fur 
nished  in  quantities  for  exportation,  and  if  they 
were,  Great  Britain  would  not  be  a  customer.  So 
far,  therefore,  the  restriction  is  rather  nominal 
than  real. 

The  exclusion  of  our  vessels  from  the  West  In 
dies  is  of  more  importance.  When  we  propose 
to  make  an  effort  to  force  a  privilege  from  Great 
Britain,  which  she  is  loath  to  yield  to  us,  it  is  ne 
cessary  to  compare  the  value  of  the  object  with 
the  effort,  and  above  all,  to  calculate  very  warily 
the  probability  of  success.  A  trivial  thing  de 
serves  not  a  great  exertion  ;  much  less  ought  we 
to  stake  a  very  great  good  in  possession,  for  a 
slight  chance  of  a  less  good.  The  carriage  of  one 


APPENDIX  TO   CHAPTER  VII. 


BK.  IV. 


half  the  exports  and  imports  to  and  from  the  Brit 
ish  West  Indies,  is  the  object  to  be  contended  for. 
Our  whole  exports  to  Great  Britain  are  to  be  haz 
arded.  We  sell  on  terms  of  privilege,  and  posi 
tive  favor,  as  it  has  been  abundantly  shown,  near 
seven  millions  to  the  dominions  of  Great  Britain. 
We  are  to  risk  the  privilege  in  this  great  amount 
— for  what  ?  For  the  freight  only  of  one  half  the 
British  West  India  trade  with  the  United  States. 
It  belongs  to  commercial  men  to  calculate  the  en 
tire  value  of  the  freight  alluded  to.  But  it  can 
not  bear  much  proportion  to  the  amount  of  seven 
millions.  Besides,  if  we  are  denied  the  privilege 
of  carrying  our  articles  in  our  vessels  to  the  isl 
ands,  we  are  on  a  footing  of  privilege  in  the  sale 
of  them.  We  have  one  privilege,  if  not  two.  It 
is  readily  admitted,  that  it  is  a  desirable  thing  to 
have  our  vessels  allowed  to  go  to  the  English  isl 
ands  ;  but  the  value  of  the  object  has  its  limits, 
and  we  go  unquestionably  beyond  them,  when  we 
throw  our  whole  exports  into  confusion,  and  run 
the  risk  of  losing  our  best  markets,  for  the  sake 
of  forcing  a  permission  to  carry  our  own  products 
to  one  of  those  markets  ;  in  which  too,  it  should 
be  noticed,  we  sell  much  less  than  we  do  to  Great 
Britain  herself.  If  to  this  we  add,  that  the  suc 
cess  of  the  contest  is  grounded  on  the  sanguine 
and  passionate  hypothesis  of  our  being  able  to 
starve  the  islanders,  which,  on  trial,  may  prove 
false,  and  which  our  being  involved  in  the  war 
would  overthrow  at  once,  we  may  conclude,  with 
out  going  further  into  the  discussion,  that  pru 
dence  forbids  our  engaging  in  the  hazards  of  a 
commercial  war  ;  that  great  things  should  not  be 
staked  against  such  as  are  of  much  less  value ; 
that  what  we  possess  should  not  be  risked  for 
what  we  desire,  without  great  odds  in  our  favor ; 
still  less,  if  the  chance  is  infinitely  against  us. 

If  these  considerations  should  fail  of  their  effect, 
it  will  be  neqessary  to  go  into  an  examination  of 
the  tendency  of  the  system  of  discrimination  to 
redress  and  avenge  all  our  wrongs,  and  to  realize 
all  our  hopes. 

It  has  been  avowed,  that  we  are  to  look  to 
France,  not  to  England,  for  advantages  in  trade ; 
we  are  to  show  our  spirit,  and  to  manifest  to 
wards  those  who  are  called  enemies,  the  spirit 
of  enmity,  and  towards  those  we  call  friends, 
something  more  than  passive  good  will.  We  are 
to  take  active  measures  to  force  trade  out  of  its 


accustomed  channels,  and  to  shift  it  by  such 
means  from  England  to  France.  The  care  of  the 
concerns  of  the  French  manufacturers  may  be, 
perhaps,  as  well  left  in  the  hands  of  the  conven 
tion,  as  usurped  into  our  own.  However  our  zeal 
might  engage  us  to  interpose,  our  duty  to  our 
own  immediate  constituents  demands  all  our  at 
tention.  To  volunteer  it,  in  order  to  excite  com 
petition  in  one  foreign  nation  to  supplant  another, 
is  a  very  strange  business ;  and  to  do  it,  as  it  has 
been  irresistibly  proved  it  will  happen,  at  the 
charge  and  cost  of  our  own  citizens,  is  a  thing 
equally  beyond  all  justification  and  all  example. 
What  is  it  but  to  tax  our  own  people  for  a  time, 
perhaps  for  a  long  time,  in  order  that  the  French 
may  at  last  sell  as  cheap  as  the  English  ? — cheaper 
they  cannot,  nor  is  it  so  much  as  pretended.  The 
tax  will  be  a  loss  to  us,  and  the  fancied  tendency 
of  it  not  a  gain  to  this  country  in  the  event,  but 
to  France.  We  shall  pay  more  for  a  time,  and 
in  the  end  pay  no  less ;  for  no  object  but  that  one 
nation  may  receive  our  money,  instead  of  the 
other.  If  this  is  generous  towards  France,  it  is 
not  just  to  America.  It  is  sacrificing  what  we 
owe  to  our  constituents,  to  what  we  pretend  to 
feel  towards  strangers.  We  have  indeed  heard  a 
very  ardent  profession  of  gratitude  to  that  nation, 
and  infinite  reliance  seems  to  be  placed  on  her 
readiness  to  sacrifice  her  interest  to  ours.  The 
story  of  this  generous  strife  should  be  left  to 
ornament  fiction.  This  is  not  the  form  nor  the 
occasion  to  discharge  our  obligations  of  any  sort 
to  any  foreign  nation  :  it  concerns  not  our  feelings 
but  our  interests  ;  yet  the  debate  has  often  soared 
high  above  the  smoke  of  business  into  the  epic 
region.  The  market  for  tobacco,  tar,  turpentine 
and  pitch,  has  become  matter  of  sentiment;  and 
given  occasion  alternately  to  rouse  our  courage 
and  our  gratitude. 

If,  instead  of  hexameters,  we  prefer  discussing 
our  relation  to  foreign  nations  in  the  common 
language,  we  shall  not  find,  that  we  are  bound  by 
treaty  to  establish  a  preference  in  favor  of  the 
French.  The  treaty  is  founded  on  a  professed 
reciprocity,  favor  for  favor.  Why  is  the  princi 
ple  of  treaty  or  no  treaty  made  so  essential,  when 
the  favor  we  are  going  to  give  is  an  act  of  super 
erogation  ?  It  is  not  expected  by  one  of  the  na 
tions  in  treaty  :  for  Holland  has  declared  in  her 
treaty  with  us,  that  such  preferences  are  the  fruit- 


CH.  VII.] 


AMES'S  SPEECH   ON   MADISON'S   RESOLUTIONS. 


345 


ful  source  of  aukuosity,  embarrassment  and  war. 
The  French  have  set  no  such  example.  They 
discriminate,  in  their  late  navigation  act,  not  as 
we  are  exhorted  to  do,  between  nations  in  treaty 
and  not  in  treaty,  but  between  nations  at  war  and 
not  at  war  with  them  ;  so  that,  when  peace  takes 
place,  England  will  stand,  by  that  act,  on  the  same 
ground  with  ourselves.  If  we  expect  by  giving 
favor  to  get  favor  in  return,  it  is  improper  to 
make  a  law.  The  business  belongs  to  the  execu 
tive,  in  whose  hands  the  Constitution  has  placed 
the  power  of  dealing  with  foreign  nations.  It  is 
singular  to  negotiate  legislatively  ;  to  make  by  a 
law  half  a  bargain,  expecting  a  French  law  would 
make  the  other.  The  footing  of  treaty  or  no 
treaty  is  different  from  the  ground  taken  by  the 
mover  himself  in  supporting  his  system.  lie  has 
said,  favor  for  favor  is  principle :  nations  not  in 
treaty  grant  favors,  those  in  treaty  restrict  our 
trade.  Yet  the  principle  of  discriminating  in 
favor  of  nations  in  treaty,  is  not  only  inconsistent 
with  the  declared  doctrine  of  the  mover  and  with 
facts,  but  it  is  inconsistent  with  itself.  Nations  not 
in  treaty,  are  so  very  unequally  operated  upon  by 
the  resolutions,  it  is  absurd  to  refer  them  to  one 
principle.  Spain  and  Portugal  have  no  treaties 
with  us,  and  are  not  disposed  to  have :  Spain 
would  not  accede  to  the  treaty  of  commerce  be 
tween  us  and  France,  though  she  was  invited : 
Portugal  would  not  sign  a  treaty  after  it  had  been 
discussed  and  signed  on  our  part.  They  have 
few  ships  or  manufactures,  and  do  not  feed  their 
colonies  from  us :  of  course  there  is  little  for  the 
discrimination  to  operate  upon.  The  operation 
on  nations  in  treaty  is  equally  a  satire  on  the  prin 
ciple  of  discrimination.  In  Sweden,  with  whom 
we  have  a  treaty,  duties  rise  higher  if  borne  in 
our  bottoms,  than  in  her  own.  France  docs  the 
like,  in  respect  to  tobacco,  two  and  a  half  livres 
the  kentle,  which  in  effect  prohibits  our  vessels  to 
freight  tobacco.  The  mover  has,  somewhat  un 
luckily,  proposed  to  except  from  this  system  na 
tions  having  no  navigation  acts;  in  which  case, 
France  would  become  the  subject  of  unfriendly 
discrimination,  as  the  House  have  been  informed, 
since  the  debate  began,  that  she  has  passed  such 
acts. 

The  system  before  us  is  a  mischief,  that  goes  to 
the  root  of  our  prosperity.     The  merchants  will 


suffer  by  the  schemes  and  projects  of  a  new  the 
ory.  Great  numbers  were  ruined  by  the  convul 
sions  of  1775.  They  are  an  order  of  citizens  de 
serving  better  of  government,  than  to  be  involved 
in  new  confusions.  It  is  wrong  to  make  our  trade 
wage  war  for  our  politics.  It  is  now  scarcely 
said,  that  it  is  a  thing  to  be  sought  for,  but  a 
weapon  to  fight  with.  To  gain  our  approbation 
to  the  system,  we  are  told,  it  is  to  be  gradually 
established.  In  that  case,  it  will  be  unavailing. 
It  should  be  begun  with  in  all  its  strength,  if  we 
think  of  starving  the  islands.  Drive  them  sud 
denly  and  by  surprise  to  extremity,  if  you  would 
dictate  terms;  but  they  will  prepare  against  a 
long-expected  failure  of  our  supplies. 

Our  nation  will  be  tired  of  suffering  loss  and 
embarrassment  for  the  French.  The  struggle,  so 
painful  to  ourselves,  so  ineffectual  against  Eng 
land,  will  be  renounced,  and  we  shall  sit  down 
with  shame  and  loss,  with  disappointed  passions 
and  aggravated  complaints.  War,  which  would 
then  suit  our  feelings,  would  not  suit  our  weak 
ness.  We  might,  perhaps,  find  some  European 
power  willing  to  make  war  on  England,  and  we 
might  be  permitted  by  a  strict  alliance,  to  par 
take  the  misery  and  the  dependence  of  being  a 
subaltern  in  the  quarrel.  The  happiness  of  this 
situation  seems  to  be  in  view,  when  the  system 
before  us  is  avowed  to  be  the  instrument  of 
avenging  our  political  resentments.  Those  \\lio 
affect  to  dread  foreign  influence,  will  do  well  to 
avoid  a  partnership  in  European  jealousies  and 
rivalships.  Courting  the  friendship  of  the  one, 
and  provoking  the  hatred  of  the  other,  is  danger 
ous  to  our  real  independence ;  for  it  would  compel 
America  to  throw  herself  into  the  arms  of  the  one 
for  protection  against  the  other.  Then  foreign  in 
fluence,  pernicious  as  it  is,  would  be  sought  for ; 
and  though  it  should  be  shunned,  it  could  not  be 
resisted.  The  connections  of  trade  form  ties  be 
tween  individuals,  and  produce  little  control  over 
government.  They  are  the  ties  of  peace,  and  are 
neither  corrupt  nor  corrupting. 

We  have  happily  escaped  from  a  state  of  the 
most  imminent  danger  to  our  peace:  a  false  step 
would  lose  all  the  security  for  its  continuance, 
which  we  owe  at  this  moment  to  the  conduct  of 
the  president.  What  is  to  save  us  from  war  1 
Not  our  own  power,  which  inspires  no  terror;  not 
the  gentle  and  forbearing  spirit  of  the  powers  of 


346 


APPENDIX  TO   CHAPTER  VII. 


[BK.  IV. 


Europe  at  this  crisis  ;  not  the  weakness  of  Eng 
land  ;  not  her  affection  for  this  country,  if  we  be 
lieve  the  assurances  of  gentlemen  on  the  other 
side.  What  is  it  then  ?  It  is  the  interest  of 
Great  Britain  to  have  America  for  a  customer, 
rather  than  an  enemy ;  and  it  is  precisely  that  in 
terest,  which  gentlemen  are  so  eager  to  take  away, 
and  to  transfer  to  France.  And  what  is  stranger 
still,  they  say  they  rely  on  that  operation  as  a 
means  of  producing  peace  with  the  Indians  and 
Algerines.  The  wounds  inflicted  on  Great  Brit 
ain  by  our  enmity,  are  expected  to  excite  her  to 
supplicate  our  friendship,  and  to  appease  us  by 
soothing  the  animosity  of  our  enemies.  What  is  to 
produce  effects  so  mystical,  so  opposite  to  nature, 
so  much  exceeding  the  efficacy  of  their  pretended 
causes'?  This  wonder-working  paper  on  the  table  is 
a  weapon  of  terror  and  destruction :  like  the  writ 
ing  on  Belshazzar's  wall,  it  is  to  strike  parliaments 
and  nations  with  dismay :  it  is  to  be  stronger  than 
fleets  against  pirates,  or  than  armies  against  In 
dians.  After  the  examination  it  has  undergone, 
credulity  itself  will  laugh  at  these  pretensions. 

We  pretend  to  expect,  not  by  the  force  of  our 
restrictions,  but  by  the  mere  show  of  our  spirit, 
to  level  all  the  fences  that  have  guarded  for  ages 
the  monopoly  of  the  colony  trade.  The  repeal 
of  the  navigation  act  of  England,  which  is  cher 
ished  as  the  palladium  of  her  safety,  which  time 
has  rendered  venerable,  and  prosperity  endeared 
to  her  people,  is  to  be  extorted  from  her  fears  of  a 
weaker  nation.  It  is  not  to  be  yielded  freely,  but 
violently  torn  from  her ;  and  yet  the  idea  of  a 
struggle  to  prevent  indignity  and  loss,  is  consid 
ered  as  a  chimera  too  ridiculous  for  sober  refuta 
tion.  She  will  not  dare,  say  they,  to  resent  it ; 
and  gentlemen  have  pledged  themselves  for  the 
success  of  the  attempt :  what  is  treated  as  a  phan 
tom,  is  vouched  by  fact.  Her  navigation  act 
caused  a  contest  with  the  Dutch,  and  four  desper 
ate  sea-fights  ensued  the  very  year  of  its  passage. 

How  far  it  is  an  act  of  aggression  for  a  neutral 
nation  to  assist  the  supplies  of  one  neighbor,  and 
to  annoy  and  distress  another  at  the  crisis  of  a 
contest  between  the  two,  which  strains  their 
strength  to  the  utmost,  is  a  question  which  we 
might  not  agree  in  deciding  ;  but  the  tendency  of 
such  unseasonable  partiality  to  exasperate  the 
spirit  of  hostility  against  the  intruder,  cannot  be 
doubted.  The  language  of  the  French  govern 


ment  would  not  soothe  this  spirit.  It  proposes, 
on  the  sole  condition  of  a  political  connection,  to 
extend  to  us  a  part  of  their  West  India  commerce. 
The  coincidence  of  our  measures  with  their  invi 
tation,  however  singular,  needs  no  comment.  Of 
all  men,  those  are  least  consistent,  who  believe  in 
the  efficacy  of  the  regulations,  and  yet  affect  to 
ridicule  their  hostile  tendency.  In  the  commer 
cial  conflict,  say  they,  we  shall  surely  prevail  and 
effectually  humble  Great  Britain. 

In  open  war,  we  are  the  weaker,  and  shall  be 
brought  into  danger,  if  not  to  ruin.  It  depends, 
therefore  according  to  their  own  reasoning,  on 
Great  Britain  herself,  whether  she  will  persist  in 
a  struggle  which  will  disgrace  and  weaken  her,  or 
turn  it  into  a  war  which  will  throw  the  shame 
and  ruin  upon  her  antagonist.  The  topics  which 
furnish  arguments  to  show  the  danger  to  our 
peace  from  the  resolutions,  are  too  fruitful  to  be 
exhausted.  But,  without  pursuing  them  further, 
the  experience  of  mankind  has  shown,  that  com 
mercial  rivalships,  which  spring  from  mutual  ef 
forts  for  monopoly,  have  kindled  more  wars,  and 
wasted  the  earth  more,  than  the  spirit  of  conquest. 

I  hope  we  shall  show  by  our  vote,  that  we  deem 
it  better  policy  to  feed  nations  than  to  starve 
them,  and  that  we  shall  never  be  so  unwise,  as  to 
put  our  good  customers  into  a  situation  to  be 
forced  to  make  every  exertion  to  do  without  us. 
By  cherishing  the  arts  of  peace,  we  shall  acquire, 
and  we  are  actually  acquiring,  the  strength  and 
resources  for  a  war.  Instead  of  seeking  treaties, 
we  ought  to  shun  them ;  for  the  later  they  shall 
be  formed,  the  better  will  be  the  terms :  we  shall 
have  more  to  give,  and  more  to  withhold.  We 
have  not  yet  taken  our  proper  rank,  nor  acquired 
that  consideration,  which  will  not  be  refused  us, 
if  we  persist  in  prudent  and  pacific  counsels ;  if 
we  give  time  for  our  strength  to  mature  itself. 
Though  America  is  rising  with  a  giant's  strength, 
its  bones  are  yet  but  cartilages.  By  delaying  the 
beginning  of  a  conflict,  we  insure  the  victory. 

By  voting  out  the  resolutions,  we  shall  show  to 
our  own  citizens,  and  foreign  nations,  that  our 
prudence  has  prevailed  over  our  prejudices,  that 
we  prefer  our  interests  to  our  resentments.  Let 
us  assert  a  genuine  independence  of  spirit:  we 
shall  be  false  to  our  duty  and  feelings  as  Amer 
icans,  if  we  basely  descend  to  a  servile  depend 
ence  on  France  or  Great  Britain. 


CH.  VIII.] 


FRENCH   INTRIGUES  IN  THE  WEST. 


347 


CHAPTEE    VIII. 

1794-1796, 


FURTHER      TRIALS      OF     THE      ADMINISTRATION. 

Intrigues  of  the  French  in  the  west — Doings  in  Kentucky  —  Campaign  of  General  Wayne  against  the  Indians  — 
Opposition  to  the  excise  laws  —  Outrage  on  the  officers — Washington  calls  out  the  militia —  Proceedings  of  the 
insurgents  —  The  army  marches  into  the  disaffected  region  —  The  insurrection  quelled  —  Washington's  opening 
speech  to  Congress  —  His  censure  of  the  democratic  societies  —  Other  matters  in  the  speech  —  Answers  of  the 
Senate  and  of  the  House  —  Proceedings  in  Congress — Hamilton's  report  on  the  support  of  public  credit  and 
the  increase  of  the  revenue — His  propositions  on  this  subject  —  The  result — Hamilton's  resignation — The 
third  Congress  ends  —  The  treaty  with  England  negotiated  by  John  Jay  —  Principal  features  of  this  treaty  — 
The  Senate  agree  to  ratify  it  —  A  Virginia  Senator  publishes  it  in  a  newspaper — Intense  excitement  —  Public 
meetings  —  Washington's  letter  to  the  selectmen  of  Boston  —  Abuse  heaped  on  the  president — Sparks's  remarks 
on  the  treaty  —  Randolph's  resignation  —  Doubts  as  to  his  case — Wayne's  treaty  with  the  Indians  —  Substance 
of  the  treaty  with  Spain  —  Peace  concluded  with  the  dey  of  Algiers  —  Some  particulars  —  Washington's  opening 
speech  to  Congress  —  Measures  recommended  —  Answer  by  the  Senate  —  Answer  by  the  House — Monroe's 
mission  to  France  —  Proceedings  there  —  Adet  sent  as  minister  to  succeed  Fauchet  —  Presents  the  French  colors 

—  Washington's  reply  to  his  speech — Adet's  complaints  —  Washington  proclaims  the  British  treaty  as  complete 

—  Course   taken    by   the   House — Debate  on    the   treaty-making   power  —  Washington   refuses   the   calls   for 
papers  —  Opposition  to  passing  the  laws  necessary  to  carry  the  treaty  into  effect  —  The  celebrated  debate  on  this 
subject  —  Fisher  Ames's  great  speech  —  Settlement  of  the  question  —  Other  doings  of  Congress — The  session 
closed.     APPENDIX  TO  CHAPTER  VIII.  Fisher  Ames's  Speech  on  the  British  Treaty. 


179-1. 


GENET,  whose  intemperate  and  vio 
lent  course  had  given  so  great  offence 
to  the  American  government,  was  re 
called,  and  M.  Fauchet,  his  successor, 
arrived  in  the  United  States,  in  Feb 
ruary,  1*794.  He  brought  with  him 
assurances  that  Genet's  conduct 
was  condemned  by  the  French 
government,  and  avowed  his  determi 
nation  to  pursue  such  a  line  of  action 
as  would  be  acceptable  to  the  president, 
and  in  accordance  with  the  policy  which 
he  had  resolved  upon  with  reference 
to  the  belligerent  powers.  For  a  while, 
M.  Fauchet  acted  up  to  the  spirit  of 
these  professions. 

In  the  west,  however,  French  influ 
ence  having  fomented  discontents,  the 


state  of  affairs  there  began  to  assume 
an  alarming  aspect.  The  high-spirited 
Kentuckians  addressed  a  remonstrance 
to  the  president  and  Congress,  on  the 
subject  of  the  navigation  of  the  Missis 
sippi.  Taking  a  lofty  and  quite  unbe 
coming  tone,  they  demanded  the  use 
of  this  great  river  as  a  natural  right, 
and  charged  the  government  with  being 
under  the  influence  of  a  sectional  policy, 
wrhich  had  withheld  from  the  western 
people  that  which  was  essential  to 
their  prosperity.  Unfounded  asper 
sions  were  cast  upon  Congress  and  the 
executive,  and  pretty  strong  hints  were 
thrown  out  of  the  dangers  of  a  dismem 
berment  of  the  Union  in  case  they 
were  not  satisfied  on  this  vital  point. 


348 


FURTHER  TRIALS   OF  THE  ADMINISTRATION. 


[BK.  IV. 


Both  Houses  of  Congress  passed  res 
olutions,  expressing  their  conviction, 
that  Washington  was  urging  the  claims 
of  the  United  States  to  the  navigation 
of  the  Mississippi,  in  the  manner  most 
likely  to  prove  successful ;  and  he  was 
directed  to  communicate  to  the  Ken- 
tuckians,  such  part  of  the  negotiations 
as  he  deemed  advisable,  at  the  present, 
to  disclose.  Not  satisfied  with  this, 
because  this  was  not  really  the  sub 
stance  of  what  they  were  aiming  at,  a 
number  of  the  principal  citizens  of  the 
state  assembled  at  Lexington,  and 
passed  resolutions  breathing  a  danger 
ous  as  well  as  intemperate  spirit,  and 
recommending  further  steps  in  order 
to  secure  what  they  claimed  as  their 
just  and  inalienable  rights.  Marshall 
traces,  with  undoubted  correctness,  the 
connection  of  these  proceedings  in  the 
west,  with  the  lawless  conduct  of  Genet 
and  his  French  emissaries,  and  details 
the  steps  which  were  taken  to  prevent 
a  violation  of  the  neutrality  of  the 
United  States  towards  Spain.  It  re 
quired  all  the  weight  of  character  and 
the  firmness  of  Washington,  to  make 

O 

head  against  the  embittered  passions 
and  prejudices  to  which  he  was  exposed 
in  connection  with  these  subjects. 

General  Wayne,  who  had  been  ap 
pointed  to  the  command  of  the  forces 
against  the  Indians,  made  many  and 
earnest  endeavors  to  negotiate  a  peace. 
Failing  entirely  in  this,  the  campaign 
was  opened,  in  the  autumn  of  1793, 
with  as  much  vigor  as  circumstances 
would  permit.  It  was  .too  late  to  com 
plete  the  preparations  which  would 
enable  General  Wayne  to  enter  their 
country,  and  to  hold  it.  He  therefore 


1791. 


contented  himself  with  establishing  his 

o 

troops  for  the  winter,  about  six  miles 
in  advance  of  Fort  Jefferson,  and  tak 
ing  possession  of  the  ground  on  which 
the  Americans  had  been  defeated  in 
1791,  on  which  he  erected  Fort  Re- 
covery.  These  positions  afforded  con 
siderable  protection  to  the  frontiers. 

The  delays  inseparable  from  the 
transportation  of  supplies,  through  an 
uninhabited  country,  infested  by  an  ac 
tive  enemy,  peculiarly  skilled  in  par 
tisan  war,  unavoidably  protract 
ed  the  opening  of  the  campaign 
until  near  midsummer.  Meanwhile, 
several  sharp  skirmishes  took  place,  in 
one  of  which  a  few  white  men  were 
said  to  be  mingled  with  the  Indians. 

On  the  8th  of  August,  General  Wayne 
reached  the  confluence  of  the  Au- 
glaize  and  the  Maumee  River,  in  the 
vicinity  of  which  lay  the  richest  settle 
ments  of  the  western  Indians.  The 
mouth  of  the  Auglaize  is  distant 
about  thirty  miles  from  a  post  then 
occupied  by  the  British,  on  the  Mau 
mee  River;  near  to  which  the  whole 
strength  of  the  enemy,  amounting,  as 
General  Wayne  was  informed,  to  rather 
less  than  two  thousand  men,  was  col 
lected.  The  legion  was  not  much  in 
ferior  in  number  to  the  Indians ;  and 
a  reinforcement  of  eleven  hundred 
mounted  militia,  commanded  by  Gen 
eral  Scott,  had  been  received  from 
Kentucky. 

On  the  15th  of  August,  the  Amer 
ican  army  advanced  down  the  Maumee ; 
and  on  the  18th,  arrived  at  the  rapids, 
where  they  halted,  on  the  19th,  in  or 
der  to  erect  a  temporary  work  for  the 
protection  of  the  baggage,  and  to  re- 


CH.  VIII.] 


WAYNE'S   VICTORY   OVER  THE  INDIANS. 


179-1. 


counoitre  the  situation  of  the  enemy. 
The  Indians,  they  found,  were  advan 
tageously  posted  behind  a  thick  wood, 
and  behind  the  British  fort. 

At  eight,  in  the  morning  of  the  20th, 
the  American  army  advanced  in  col 
umns,  the  right  flank  of  the  legion  cov 
ered  by  the  Maumee.  One  brigade  of 
mounted  volunteers,  commanded  by 
General  Todd,  was  on  the  left;  the 
other,  commanded  by  General  Barbee, 
brought  up  the  rear.  A  select  bat 
talion,  commanded  by  Major  Price, 
moved  in  front  of  the  legion.  After 
marching  about  five  miles,  Ma- 

O 

jor  Price  received  a  heavy  fire 
from  a  concealed  enemy,  and  was  com 
pelled  to  retreat. 

The  Indians  had  chosen  their  ground 
with  judgment.  They  had  advanced 
into  a  thick  wood  in  front  of  the  Brit 
ish  works,  and  had  taken  a  position 
rendered  almost  inaccessible  to  horse 
by  a  quantity  of  fallen  timber.  They 
were  drawn  up  in  three  lines,  extend 
ing  at  right  angles  with  the  river, 
about  two  miles,  and  their  immediate 
effort  was  to  turn  the  left  flank  of  the 
American  army. 

On  the  discharge  of  the  first  rifle, 
the  legion  was  formed  in  two  lines,  and 
the  front  was  ordered  to  advance  with 
trailed  arms,  and  rouse  the  Indians 
from  their  covert,  at  the  point  of  the 
bayonet ;  then,  and  not  till  then,  to  de 
liver  a  fire,  and  to  press  the  fugitives 
too  closely  to  allow  them  time  to  load 
after  discharging  their  pieces.  Per 
ceiving  that  the  enemy  was  endeavor 
ing  to  turn  the  American  left,  the  gen 
eral  ordered  up  the  second  line.  The 
legion  cavalry,  led  by  Captain  Camp- 

VOL.  II.— 44 


bell,  was  directed  to  penetrate  between 
the  Indians  and  the  river,  in  order  to 
charge  their  left  flank;  and  General 
Scott,  at  the  head  of  the  mounted  vol 
unteers,  was  directed  to  make  a  con 
siderable  circuit,  and  to  turn  their 
right. 

These  orders  were  executed  with 
spirit  and  promptitude  ;  but  so  impet 
uous  was  the  charge  made  by  the  first 
line  of  infantry,  so  entirely  was  the 
enemy  broken  by  it,  and  so  rapid  was 
the  pursuit,  that  only  a  small  part  of 
the  second  line,  and  of  the  mounted 
volunteers,  could  get  into  the  action. 
In  the  course  of  one  hour,  the  Indians 
were  driven  more  than  two  miles 
through  thick  woods ;  when  the  pur 
suit  terminated  within  gunshot  of  the 
British  fort. 

General  Wayne  remained  three  days 
on  the  banks  of  the  Maumee,  in  front  of 
the  field  of  battle,  during  which  time 
the  houses  and  corn-fields  above  and 
below  the  fort,  some  of  them  within 
pistol-shot  of  it,  were  reduced  to  ashes. 
During  these  operations,  a  correspond 
ence  took  place  between  General 
Wayne  and  Major  Campbell,  the  com 
mandant  of  the  fort,  which  shows  that 
hostilities  between  them  were  pre 
vented  only  by  the  prudent  acquies 
cence  of  the  latter  in  this  destruction 
of  property  within  the  range  of  his 
guns.  On  the  28th,  the  army  returned 
to  the  Auglaize  by  easy  marches,  de 
stroying,  on  its  route,  all  the  villages 
and  corn  within  fifty  miles  of  the  river. 

In  this  decisive  battle,  the  loss  of  the 
Americans,  in  killed  and  wounded, 
amounted  to  one  hundred  and  seven. 
Among  the  dead,  was  Captain  Camp- 


350 


FURTHER  TRIALS   OF  THE  ADMINISTRATION. 


K.  IV. 


1794. 


bell,  of  the  cavalry,  and  Lieutenant 
Towles,  of  the  infantry.  General 
Wayne  bestowed  great  and  well-merit 
ed  praise  on  every  part  of  the  army. 

The  hostility  of  the  Indians  still  con 
tinuing,  their  whole  country  was  laid 
waste,  and  forts  were  erected  in  the 
heart  of  their  settlements,  to  prevent 
their  return.  This  seasonable  victory 
rescued  the  United  States  from  a  gen 
eral  war  with  the  Indians.* 

The  determined  opposition  in  the 
western  counties  of  Pennsylvania  to 
the  excise  laws,  broke  out  this  year 
into  open  rebellion,  and  the  revenue 
officers,  in  attempting  to  do  their  duty, 
were  maltreated,  and  their  lives  threat 
ened.  In  July,  1794,  the  marshal  of 
the  district,  in  endeavoring  to 
execute  process  on  the  delin 
quents,  was  attacked  by  an  armed  force, 
and. fired  upon,  but  fortunately  with 
out  injury.  He  was  soon  after  taken 
prisoner  by  an  armed  mob,  and  com 
pelled,  under  the  fear  of  immediate 
death,  to  engage  not  to  serve  any  pro 
cess  on  the  west  side  of  the  Alleghany 
mountains.  Early  on  the  morning  of 
the  16th,  the  house  of  General  Neville, 
the  inspector,  near  Pittsburg,  was  at 
tacked,  but  defended  with  so  much 
spirit,  that  the  assailants  were  obliged 
to  retire.  Apprehending  a  second  and 
more  powerful  attack,  the  inspector  ap 
plied  to  the  judges,  civil  magistrates 
and  military  officers  for  protection. 
But  he  was  informed,  that  the  combi 
nation  against  the  execution  of  the 
laws  was  so  general  in  that  quarter, 


*  See  Marsl all's  "Life  of  Washington,"  vol.  ii., 
pp.  336-40. 


that  no  protection  could  be  given.  The 
attack  was  soon  after  renewed  by  about 
five  hundred  men.  The  inspector  con 
sidering  it  impossible  to  resist  with 
effect  so  large  a  force,  and  that  his  life 
must  be  the  sacrifice,  by  the  advice  of 
his  friends  retired  to  a  place  of  conceal 
ment.  About  eleven  men  from  the 
garrison  at  Pittsburg  remained,  with  a 
hope  of  saving  the  property. 

The  assailants  demanded,  that  the 
inspector  should  come  out  and  renounce 
his  office,  but  were  informed  that  he 
had  retired,  on  their  approach,  to  some 
place  unknown.  The  papers  belonging 
to  his  office  were  then  required,  and 
after  a  short  but  indecisive  parley  on 
the  subject,  the  house  was  attacked, 
and  a  filing  commenced  between  its 
occupants  and  the  insurgents ;  in  conse 
quence  of  which  one  of  the  as 
sailants  was  killed,  and  a  num 
ber  on  both  sides  wounded.  The  house 
was  at  last  set  on  fire  and  consumed. 
The  marshal  and  inspector  made  their 
escape  down  the  Ohio,  and  by  a  circui 
tous  route,  reached  the  seat  of  govern 
ment.  The  excise  laws,  as  they  were 
called,  were  unpopular  in  some  of  the 
other  states,  and  strong  indications  were 
given  of  a  more  extensive  and  open 
opposition. 

The  insurgents  were,  no  doubt,  en 
couraged  by  individuals,  as  Pitkin 
states,  particularly  by  the  democratic 
societies,  in  different  parts  of  the 
Union. 

This  created  considerable  alarm  in 
the  mind  of  the  president,  and  he  en 
tertained  some  doubt,  whether  the 
militia,  if  called  upon  to  suppress  the 
insurrection,  would  obey  the  orders  of 


1791. 


.  viir.i 


INSURRECTION   IN   PENNSYLVANIA. 


351 


the  executive^.  There  was,  however, 
no  alternative  but  to  compel  submission 
to  the  laws  by  military  force,  and  the 
president  was  not  wanting  to  himself 
and  his  country  in  this  emergency. 

The  act  of  Congress,  which  provided 
for  calling  forth  the  militia,  required, 
as  a  prerequisite  to  the  exercise  of  the 
power,  that  a  judge  should  certify 
"that  the  laws  of  the  United  States 
were  opposed,  or  their  execution  ob 
structed,  by  combinations  too  powerful 
to  be  suppressed  by  the  ordinary  course 
of  judicial  proceedings,  or  by  the  pow 
ers  vested  in  the  marshals."  It  also 
provided,  "that  if  the  militia  of  the 
state  where  such  combinations  may 
happen,  shall  refuse  or  be  insufficient 
to  suppress  the  same,  the  president  may 
employ  the  militia  of  other  states." 

The  certificate  of  Judge  Wilson  hav 
ing  been  obtained,  the  subject  was  again 
seriously  considered  in  the  cabinet :  and 
the  governor  of  Pennsylvania  was  also 
consulted.  All  concurred  in  the  ap 
pointment  of  commissioners,  who  should 
convey  a  full  pardon  for  past  offences, 
upon  the  condition  of  future  submission ; 
but  a  difference  of  opinion  existed  as 
to  any  further  and  necessary  measures. 
The  act  made  it  the  duty  of  tlae 
president,  previous  to  the  em 
ployment  of  military  force,  to  issue  his 
proclamation,  commanding  the  insur 
gents  to  disperse  within  a  limited  time. 
The  secretary  of  state  (and  the  gover 
nor  of  Pennsylvania  was  understood  to 
concur  with  him)  was  of  opinion,  that 
this  conciliatory  mission  should  be  un 
accompanied  by  any  measure  which 
might  wear  the  appearance  of  coercion. 
The  secretaries  of  the  treasury  and  of 


1794. 


war,  and  the  attorney-general,  were  of 
a  different  opinion.  They  thought  that 
the  occasion  required  a  full  trial  of  the 
ability  of  the  government  to  enforce 
obedience  to  the  laws;  and  that  the 
employment  of  a  force  which  would 
render  resistance  desperate,  was  dic 
tated  equally  by  humanity  and  sound 
policy.  The  insurgent  counties  con 
tained  sixteen  thousand  men  capable 
of  bearing  arms ;  and  the  computation 
was,  that  they  could  bring  seven  thou 
sand  into  the  field.  An  army  of  twelve 
thousand  would  present  an  imposing 
force,  which  the  insurgents  could  not 
venture  to  meet. 

Having  no  doubt  in  his  own  mind  as 
to  the  course  he  ought  to  pursue, 
Washington,  on  the  *7th  of  August, 
issued  a  proclamation,  commanding  the 
insurgents  to  disperse  before  the  1st  of 
September,  and  warning  all  persons 
against  aiding,  abetting  or  comforting 

*— /  <—>  *  o  o 

the  perpetrators  of  these  treasonable 
acts,  and  requiring  all  officers,  and  other 
citizens,  according  to  their  respective 
duties  and  the  laws  of  the  land,  to  exert 
their  utmost  endeavors  to  prevent  and 
suppress  such  dangerous  proceedings. 
On  the  same  day  a  requisition  was  made 
on  the  governors  of  New  Jersey,  Penn 
sylvania,  Maryland  and  Virginia,  for 
their  several  quotas  of  militia,  to  com 
pose  an  army  of  twelve  thousand  men. 
This  number  was  afterwards  augmented 
to  fifteen  thousand. 

Unwilling,  however,  to  resort  to  mil 
itary  coercion,  until  every  other  ex 
pedient  had  failed,  the  president,  with 
a  truly  paternal  care,  made  one  more 
peaceable  effort  to  bring  the  disaffected 
to  a  sense  of  their  duty.  He  appointed 


352 


FURTHER  TRIALS   OF    THE   ADMINISTRATION. 


[BK.  IV. 


1794. 


James  Koss,  Jasper  Yates,  and  William 
Bradford,  gentlemen  distinguished  for 
their  talents  and  integrity,  commission 
ers  to  repair  to  the  scene  of  the  insur 
rection,  for  the  purpose  of  conferring 
with  the  insurgents,  to  represent  to 
them  how  painful  to  the  presi 
dent,  was  the  idea  of  exercising 

o 

military  power,  and  that  it  was  his  ear 
nest  wish  to  render  it  unnecessary,  by 
those  endeavors  which  humanity,  a  love 
of  peace  and  tranquillity,  and  the  hap 
piness  of  his  fellow-citizens,  dictated. 
The  commissioners  were  empowered  to 
promise  an  amnesty,  and  perpetual  ob 
livion  of  the  past,  on  condition  of 
future  submission  to  the  laws.  T\vo 
commissioners  were  appointed  by  the 
state  of  Pennsylvania,  to  join  with 
those  on  the  part  of  the  United  States. 
Previous  to  this,  by  the  orders  of 
Bradford,  one  of  the  principal  leaders 
of  the  opposition,  the  mail  was  stopped 
by  force,  and  sundry  letters  from  gen 
tlemen  at  Pittsburg,  giving  an  account 
of  the  proceedings  of  the  insurgents, 
were  taken  out  and  opened.  At  Brad 
ford's  demand,  the  offending  authors  of 
these  letters  were  banished  from  Pitts- 
burg  ;  and  the  people  agreed  to  assem 
ble  the  next  day  in  Braddock's  field ; 
and  to  elect  delegates  to  a  convention, 
which  was  to  meet  on  the  14th  of 
August,  at'  Parkinson's  Ferry.  The 
avowed  objects  of  these  outrages  were 
to  compel  the  resignation  of  all  officers 
engaged  in  the  collection  of  duties ;  to 
withstand  the  authority  of  the  United 
States  by  force  of  arms ;  to  extort  the 
repeal  of  the  law  imposing  those  duties ; 
and  to  compel  an  alteration  in  the  con 
duct  of  the  government. 


1T94. 


The  convention  of  the  insurgents  was 
held,  on  the  14th,  at  Parkinson's  Ferry, 
and  was  attended  by  about  two  hun 
dred  delegates.  A  vigorous  at 
tempt  was  made  by  Bradford, 
to  influence  the  assembly,  and  incite 
them  to  treasonable  and  daring  acts, 
but  with  very  little  success.  Edward 
Cooke  was  elected  chairman,  and  Al 
bert  Gallatin,  secretary.  Mr.  Marshall, 
one  of  those  who  called  the  meeting  at 
Braddock's  field,  introduced  sundry  res 
olutions  of  a  stringent  character,  which, 
after  modification,  were  passed.  A 
committee  of  safety,  consisting  of  sixty 
members,  was  appointed,  who  chose 
fifteen  of  their  number,  to  receive  and 
report  the  propositions  of  the  commis 
sioners. 

After  a  conference  held  at  Pittsburg, 
a  general  amnesty  was  promised,  on 
condition  of  submission  to  the  laws  ; 
and  the  committee  of  fifteen  were 
unanimously  in  favor  of  accepting  the 
terms  offered  by  the  government.  The 
committee  of  safety  hesitated  as  to 
their  course,  but  determined  to  refer 
the  question  to  the  people.  The  result 
of  this  reference  showed,  that  there 
was  a  large  number  disposed  to  resist 
the  re-establishment  of  the  civil  au 
thority  ;  and  the  commissioners,  in  re 
porting  to  the  president,  deemed  it 
their  duty  to  declare  their  opinion,  that 
such  was  the  state  of  things,  so  far  as 
they  were  able  to  iud^e,  "  that  there  is 

»/  v  O       / 

no  probability,  that  the  act  for  raising 
a  revenue  on  distilled  spirits  and  on 
stills,  can  at  present  be  enforced  by  the 
usual  course  of  civil  authority,  and  that 
some  more  competent  force  is  neces 
sary,  to  cause  the  laws  to  be  duly  ex- 


CH.  VIII.] 


THE  INSURRECTION  SUPPRESSED. 


353 


1794. 


ecuted,  and  to  insure  to  the  officers 
and  well-disposed  citizens,  that  protec 
tion,  which  it  is  the  duty  of  govern 
ment  to  afford." 

On  the  receipt  of  this  report,  the 
president  was  under  the  painful  neces 
sity  of  putting  the  military  force  in 
motion;  and  his  second  proclamation, 
declaring  this  event,  was  issued 
on  the  25th  of  September  ;  an 
nouncing  to  the  world,  that  this  step 
was  taken  "  in  obedience  to  that  high 
and  irresistible  duty  consigned  to  him 
by  the  Constitution,  to  take  care  that 
the  laws  be  faithfully  executed;"  de 
ploring  that  the  American  name  should 
be  sullied  by  the  outrages  of  citizens 
on  their  own  government,  and  com 
miserating  such  as  remained  obstinate 
from  delusion  :  at  the  same  time,  de 
claring  his  resolution,  in  perfect  re 
liance  on  that  gracious  Providence, 
which  had  so  signally  displayed  its 
goodness  towards  his  country,  to  re 
duce  the  refractory  to  a  due  subordi 
nation  to  the  law. 

Notwithstanding  several  insidious 
attempts  to  the  contrary,  the  militia 
from  the  different  states  put  under 
requisition,  assembled  with  alacrity  to 
obey  the  call  of  the  president.  Wash- 
ington,  in  person,  visited  each  division 
of  the  army,  the  direction  of  which  he 
committed  to  Hamilton,  who  fulfilled 
his  task  with  ability  and  judgment. 
In  October,  the  army,  in  two  divisions, 
marched  into  the  country  of  the  insur 
gents.  The  disaffected  did  not  venture 
upon  any  open  opposition.  A  general 
submission  followed.  A  few  of  the 
leaders  were  seized,  and  some  of  them 
detained  for  prosecution.  Bradford 


made  his  escape  into  the  Spanish  do 
minions;  two  others  of  the  principal 
insurgents,  Philip  Vigol  and  John 
Mitchell,  were  tried  for  treason,  and 
found  guilty,  but  were  subsequently 
pardoned  by  the  president.  Ay  a 
matter  of  prudent  policy,  General  Mor 
gan  was  left  during  the  winter  in  the 
centre  of  the  disturbed  district. 

Thus,  as  has  been  forcibly  said,  with 
out  shedding  a  drop  of  blood,  did  the 
prudent  vigor  of  the  executive  termi 
nate  an  insurrection,  which  at  one  time 
threatened  to  shake  the  government  to 
its  foundation.*  That  so  perverse  a 
spirit  should  have  been  excited  in  the 
bosom  of  prosperity,  without  the  pres 
sure  of  a  single  grievance,  is  among 
those  political  phenomena  which  occur, 
not  unfrequently,  in  the  course  of  hu 
man  affairs,  and  which  the  statesman 
can  never  safely  disregard.  To  the  in 
temperate  abuse  which  was  cast  on  the 
measures  of  the  government, 
and  on  all  who  supported  them ; 
to  the  violence  with  which  the  discon 
tents  of  the  opponents  of  those  measures 
wrere  expressed ;  and  especially  to  the 
denunciations  which  were  uttered 
against  them  by  the  democratic  socie- 


*  "The  crime  of  levying  war  against  the  state,"  as 
the  eloquent  Fisher  Ames  said,  "  is  attended  with 
particular  aggravations  and  dangers  in  this  country. 
Our  government  has  no  armed  force ;  it  subsists  by 
the  supposed  approbation  of  the  majority  ;  the  first 
murmurs  of  sedition  excite  doubts  of  that  approba 
tion ;  timid,  credulous  and  ambitious  men  concur  to 
magnify  the  dangers.  In  such  a  government  the 
danger  is  real  as  soon  as  dreaded.  No  sooner  is  the 
standard  of  rebellion  displayed,  than  men  of  despe 
rate  principles  and  fortunes  resort  to  it;  the  pillars 
of  government  are  shaken;  the  edifice  totters  from 
its  centre ;  the  foot  of  a  child  may  overthrow  it ;  the 
hands  of  giants  cannot  rebuild  it." 


1791. 


354 


FURTHER  TRIALS  OF  THE  ADMINISTRATION. 


[BK.  IV. 


ties ;  the  friends  of  the  administration 
ascribed  that  criminal  attempt  which 
Lad  been  made  to  oppose  the  will  of 
the  nation  by  force.  Had  these  mis 
guided  men  believed  that  the  opposi 
tion  was  confined  within  their  own  nar 
row  limits,  they  could  not  have  been 
so  mad  or  so  weak  as  to  engage  in  it.* 

The  views  of  Washington  on  this 
subject  were  freely  given  to  his  confi 
dential  friends.  "The  real  people"  he 
said,  "occasionally  assembled  in  order 
to  express  their  sentiments  on  political 
subjects,  ought  never  to  be  confounded 
with  permanent  self-appointed  societies 
usurping  the  right  to  control  the  con 
stituted  authorities,  and  to  dictate  to 
public  opinion.  While  the  former  is 
entitled  to  respect,  the  latter  is  incom 
patible  with  all  government,  and  must 
either  sink  into  general  disesteem,  or 
finally  overturn  the  established  order 
of  things." 

Congress  had  adjourned  to  meet  on 
the  4th  of  November,  but  a  quorum  of 
the  Senate  was  not  present  until  the 
19th.  Washington  addressed  both 
Houses  in  a  longer  speech  than  usual, 
giving  a  particular  view  of  the  insurrec 
tion  in  Pennsylvania,  and  of  the  meas 
ures  taken  to  suppress  it.  The  promp 
titude  with  which  his  call  for  support 
from  his  fellow-citizens  had  been  obey 
ed,  demonstrated,  he  said,  that  they 

*  Mr.  Tucker's  remarks  on  the  termination  of  this 
"Whiskey  Rebellion,"  is  as  follows:  "The  ease 
with  which  the  open  resistance  of  the  laws  was 
quelled,  afforded  matter  of  triumph  and  congratula 
tion  to  the  friends  of  the  administration,  for  the  pru 
dence  and  humanity  of  their  course ;  and  of  censure 
on  the  part  of  the  opposition,  for  the  vain  parade  and 
unnecessary  expense  of  a  force  so  disproportionate  to 
the  occasion." — " Life  of  Jefferson"  vol.  i.,  p.  487. 


understood  the  true  principles  of  gov 
eminent  and  liberty,  and  "  that  not 
withstanding  all  the  devices  which  have 
been  used  to  sway  them  from  their  in 
terest  and  duty,  they  are  now  as  ready 
to  maintain  the  authority  of  the  laws 
against  licentious  invasions,  as  they 
were  to  defend  their  rights  against 
usurpation."  While  he  thus  offered  the 
meed  of  praise  to  the  militia,  he  also 
said — "  To  every  description  of  citizens 
let  praise  be  given  ;  but  let  them  perse 
vere  in  their  affectionate  vigilance  over 
that  precious  depository  of  American 
happiness,  the  Constitution  of 

1794 

the  United  States.  Let  them 
cherish  it  too,  for  the  sake  of  those, 
who  from  every  clime  are  daily  seeking 
a  dwelling  in  our  land.  And  when,  in 
the  calm  moments  of  reflection,  they 
shall  have  retraced  the  origin  and  pro 
gress  of  the  insurrection,  let  them  de 
termine  whether  it  has  not  been  fo 
mented  by  combinations  of  men,  who, 
careless  of  consequences,  and  disregard 
ing  the  unerring  truth,  that  those  who 
rouse  cannot  always  appease  a  civil  con 
vulsion,  have  disseminated,  from  an  ig 
norance  or  perversion  of  facts,  suspic 
ions,  jealousies  and  accusations  of  the 
whole  government."* 

The  defects  of  the  militia  system,  as 
it  then  existed,  having  become  appar 
ent,  the  president  urged  upon  Con- 

*  Jefferson  berates  this  "  denunciation"  of  the 
democratic  societies  as  a  most  extraordinary  act  of 
boldness,  and  says,  "It  is  wonderful  indeed,  that  the 
president  should  have  permitted  himself  to  be  the 
organ  of  such  an  attack  on  the  freedom  of  discussion, 
the  freedom  of  writing,  printing,  and  publishing." 
Tucker  states,  that  Jefferson  indulged  himself  in  very 
free  censure,  and  even  ridicule,  of  the  president's 
speech.—"  Life  of  Jefferson,'"  vol.  i.,  pp.  488,  89. 


CH.  VIII.] 


WASHINGTON'S  SPEECH  TO   CONGRESS. 


1791. 


gress  an  entire  revision  of  it.  After 
mentioning  the  intelligence  from  the 
army  under  General  Wayne,  and  the 
state  of  Indian  affairs,  he  again  called 
attention  to  the  devising  a  plan  for  the 
redemption  of  the  public  debt.  "  The 
time,"  said  he,  "  which  has  elapsed  since 
the  commencement  of  our  fiscal  meas 
ures,  has  developed  our  pecuniary  re 
sources,  so  as  to  open  a  way  for  a  defin 
itive  plan  for  the  redemption  of  the 
public  debt.  It  is  believed,  that  the 
result  is  such  as  to  encourage  Congress 
to  consummate  this  work  without  delay. 
Nothing  can  more  promote  the  perma 
nent  welfare  of  the  nation,  and  nothing 

o 

would  be  more  grateful  to  our  constitu 
ents."  Referring  to  subsequent  com 
munications,  respecting  the  in 
tercourse  with  foreign  nations, 
he  thought  proper  to  state,  "  It  may 
not,  however,  be  unreasonable  to  an 
nounce,  that  my  policy  in  our  foreign 
transactions  has  been,  to  cultivate 
peace  with  all  the  world  ;  to  observe 
treaties  with  pure  and  inviolate  faith ; 
to  check  every  deviation  from  the  line 
of  impartiality ;  to  explain  what  may 
have  been  misapprehended,  and  cor 
rect  what  may  have  been  injurious  to 
any  nation ;  and,  having  thus  acquired 
the  right,  to  lose  no  time  in  acquiring 
the  ability,  to  insist  upon  justice  being 
done  to  ourselves."  His  speech  was 
concluded  in  the  following  impressive 
terms :  "  Let  us  unite  in  imploring  the 
Supreme  Ruler  of  nations  to  spread  his 
holy  protection  over  these  United 
States ;  to  turn  the  machinations  of  the 
wicked  to  the  confirming  of  our  Consti 
tution  ;  to  enable  us  at  all  times  to  root 
out  internal  sedition,  and  to  put  inva 


sion  to  flight;  to  perpetuate  to  our 
country  that  prosperity  which  His  good 
ness  has  already  conferred  ;  and  to  veri 
fy  the  anticipations  of  this  government 
being  a  safeguard  to  liuman  rigid*? 

The  House  of  Representatives  had 
occupied  the  interval  of  leisure  in  im 
proving  its  business  arrangements,  add 
ing  a  standing  committee  on  private 
claims  to  that  already  existing  for  elec 
tions.  And  having  heard  the  speech, 
both  Houses  proceeded  to  frame  an 
swers  to  it.  For  above  a  week  all  the 
debates  in  the  House  were  devoted  to 
this  subject ;  and  both  in  it,  and  in  the 
Senate,  it  was  evident,  that  the  repub 
lican  party  had  less  force  than  it  had 
displayed  in  the  preceding  session. 
The  chief  point  at  issue  was  the  censure 
of  the  societies  which  Washington  had 

o 

pointed  out  as  undertaking  to  direct 
and  control  the  government. 

The  answer  of  the  Senate,  reported 
by  Mr.  King,  Mr.  Ellsworth,  and  Mr. 
Izard,  expressed  an  entire  approbation 
of  the  policy  of  the  president,  with  re 
spect  to  foreign  nations,  as  well 

1  **•  o  I 

as  his  conduct  in  relation  to  the 
insurgents.  "  Our  anxiety,"  they  said, 
"arising  from  the  licentiousness  and 
open  resistance  to  the  laws,  in  the 
western  counties  of  Pennsylvania,  had 
been  increased  by  the  proceedings  of 
certain  self-created  societies,  relative  to 
the  laws  and  administration  of  the  gov 
ernment  ;  proceedings,  in  our  apprehen 
sion,  founded  in  political  error,  calcu 
lated,  if  not  intended,  to  disorganize 
our  government,  and  which,  by  inspiring 
delusive  hopes  of  support,  have  been 
instrumental  in  misleading  our  fellow- 
citizens  in  the  scene  of  insurrection." 


356 


FURTHER   TRIALS   OF  THE  ADMINISTRATION. 


[BK.  IV. 


To  the  president's  foreign  policy  no 
objection  was  made  in  the  Senate ;  but 
the  clause  respecting  democratic  socie 
ties  was  warmly  opposed.  The  answer, 
however,  as  reported  by  the  committee, 
was  agreed  to  without  alteration. 

o 

111  the  House,  Mr.  Madison,  Mr.  Sedg- 
wick  and  Mr.  Scott,  were  the  commit 
tee  to  report  an  answer  to  the  speech 
of  the  president.  It  was  silent,  not 
only  with  respect  to  the  self-created 
societies,  but  also  as  to  the  success  of 
General  Wayne,  and  the  foreign  policy 
of  Washington.  His  interference  with 
a  favorite  system  of  commercial  restric 
tions  was  not  forgotten,  and  the  mission 
of  John  Jay  still  rankled  in  the  mem 
ory  of  the  republicans.  No  direct  cen 
sure  of  the  societies,  or  approbation  of 
the  foreign  policy  of  the  president, 
could  be  carried ;  and  after  an  animated 
debate,  the  opposition  party  triumphed 
in  the  House.* 

This  triumph  over  the  administration 
revived  for  a  moment  the  drooping 
energies  of  these  turbulent  societies ; 
but  it  was  only  for  a  moment.  The 
agency  ascribed  to  them  by  the  opinion 
of  the  public  as  well  as  of  the  president, 
in  producing  an  insurrection  which  was 
generally  execrated,  had  essentially  af 
fected  them ;  and  while  languish! no;  un- 

O  O 

der  this  wound,  they  received  a  deadly 
blow  from '  a  quarter  whence  hostility 
was  least  expected.  The  remnant  of 
the  French  convention,  rendered  des 
perate  by  the  ferocious  despotism  of 
the  Jacobins,  and  of  the  sanguinary  ty- 


*  For  the  debate  in  the  TTonse  on  the  answer  to 
the  president's  speech,  see  Benton's  "Abridgement 
of  the  Debates  of  Congress"  vol.  i.,  pp.  532-41. 


rant  who  had  become  their  chief,  had 
at  length  sought  for  safety  by  confront 
ing  danger;  and,  succeeding  in  a  des 
perate  attempt  to  bring  Kobespierre 
to  the  guillotine,  had  terminated  his 
reign  of  terror.  The  colossal  powers 
of  the  clubs  fell  with  that  of  their 
favorite  member,  and  they  sunk  into 
long-merited  disgrace.  Not  more  cer 
tain  is  it  that  the  boldest  streams  must 
disappear,  if  the  fountains  that  fed 
them  be  emptied,  than  was  the  disso 
lution  of  the  democratic  societies  in 
America,  when  the  Jacobin  clubs  were 
denounced  in  France.  As  if  their  des 
tinies  depended  on  the  same  thread,  the 
political  death  of  the  former  was  the 
unerring  signal  for  that  of  the  latter.* 
Congress,  notwithstanding  the  cool 
ness  of  the  House  in  respect  to  the 
president's  speech,  entered  actively  up 
on  the  various  matters  submitted  to 
them.  Washington  had  repeatedly 
urged  the  adoption  of  measures  which 
might  effect  the  gradual  redemption  of 
the  public  debt,  but,  although  that 
party  which  had  been  reproached  with 
a  desire  to  accumulate  debt  as  a 
means  of  subverting  the  repub 
lican  system,  had  exerted  themselves 
to  accomplish  this  object,  their  efforts 
had  hitherto  been  opposed  by  obstacles 
they  were  unable  to  overcome.  These 
obstacles  consisted  in  the  intrinsic  dif 
ficulties  of  the  subject.  The  duty  on 
imported  articles  and  on  tonnage  could 
not,  immediately,  be  rendered  suffi 
ciently  productive  to  meet  the  various 
exigencies  of  the  treasury,  and  yield  a 


*  See  Marshall's  "Life  of  Washington,"  vol.  ii., 
p.  353. 


1794. 


CH.  VIII.] 


HAMILTON'S   LAST  GREAT  REPORT. 


357 


surplus  for  the  secure  establishment  of 
a  fund  to  redeem  the  principal  of  the 
debt.  Additional  sources  of  revenue 
were  to  be  explored ;  and  as  new  taxes 
are  the  never-failing  sources  of  discon 
tent,  it  requires,  in  a  government  where 
popularity  is  power,  no  small  amount 
of  courage  and  devotion  to  the  true  in 
terests  of  the  country,  to  encounter  the 
odium  which  new  taxes,  however  neces 
sary  they  may  be,  seldom  fail  to  excite. 
Hamilton,  who  was  never  charged 
with  want  of  courageous  adherence  to 
his  convictions  of  truth  and  duty  on  the 
subject  of  the  finances  of  the  country, 
while  Congress  were  engaged  in  discus 
sing  a  report  made  by  a  select  commit 
tee  on  a  resolution  moved  by  Mr.  Smith, 
of  South  Carolina,  purporting  that  ad 
ditional  provision  ought  to  be  made  for 
the  reduction  of  the  public  debt,  ad 
dressed  a  letter  to  the  House,  through 

O 

their  speaker,  informing  them  that  he 
had  digested  and  prepared  a  plan  on 
the  basis  of  the  actual  revenues,  for 
the  further  support  of  public  credit, 
which  he  was  ready  to  communicate. 
On  the  21st  of  January,  1*795,  the  com 
prehensive  and  able  plan  of  the 
secretary  of  the  treasury,  for 
the  support  of  public  credit,  was  sub 
mitted  to  Congress,  and  on  the  2d  of 
February,  he  submitted  an  additional 
one  for  the  improvement  of  tJie  revenue. 
Hamilton  proposed  an  increase  of 
the  sinking  fund,  by  adding  to  the  duties 
on  imports  and  tonnage,  on  spirits  dis 
tilled  within  the  United  States,  and  on 
the  stills,  the  avails  of  the  sales  of  the 
public  lands,  the  dividends  on  bank 
stock  belonging  to  the  United  States, 

O        O 

and  the  interest  of  the  money  which 
VOL.  II.— 45 


1795. 


should  be  redeemed,  together  with  all 
moneys  which  should  be  received  from 
debts  due  to  the  United  States  antece 
dent  to  the  Constitution,  and  all  sur 
pluses  of  the  amount  of  revenues, 
which  should  remain  at  the  end  of 
every  calendar  year  beyond  the  amount 
of  appropriations  charged  upon  them, 
and  which,  during  the  session  of  Con 
gress  commencing  next  thereafter, 
should  not  be  specially  appropriated. 
This  fund  was  to  be  applied  to  the 
payment  of  the  six  per  cent,  and  defer 
red  stock,  according  to  the  right  reserv 
ed  to  the  United  States,  that  is,  to  the 
payment  of  eight  per  cent.,  on  account 
of  the  principal  and  interest,  and  to 
continue  until  the  whole  should  be  paid 
and  redeemed ;  and  after  such  redemp 
tion,  the  same  fund  to  continue  appro 
priated  until  the  residue  of  the  debt 
of  the  United  States,  foreign  and  do 
mestic,  funded  and  unfunded,  should 
be  redeemed  and  discharged.  The 
faith  of  the  United  States  was  to  be 
firmly  pledged  to  the  creditors  for  the 
inviolable  application  of  this  fund  to 
the  payment  of  the  debts,  until  the 
same  should  be  fully  completed ;  and 
for  this  purpose,  the  fund  was  to  be 
vested  in  the  commissioners  of  the  sink 
ing  fund,  as  "  property  in  trust." 

The  importance  of  this  measure,  for 
the  purpose  of  preventing  the  evils 
arising  from  a  great  accumulation  of 
debt,  was  pressed  upon  the  attention 
of  Congress,  with  all  the  earnestness 
and  clearness  of  argument  and  illustra 
tion,  for  which  the  secretary  of  the 
treasury  was  distinguished.  "There  is 
no  sentiment,"  he  remarked,  "  which 
can  better  deserve  the  serious  attention 


358 


FURTHER  TRIALS   OF  THE  ADMINISTRATION. 


.  IV. 


1795. 


of  the  legislature  of  a  country,  than 
the  one  expressed  in  the  speech  of  the 
president;  which  indicates  the  danger 
to  every  government,  from  the  pro 
gressive  accumulation  of  debt.  A  ten 
dency  to  it  is  perhaps  tlie  natural  dis 
ease  of  all  governments ;  and  it 
is  not  easy  to  conceive  any 
thing  more  likely  than  this,  to  lead  to 
great  and  convulsive  revolutions  of 
empires.  On  the  one  hand,  the  exi 
gencies  of  a  nation  creating  new  causes 
of  expenditure,  as  well  from  its  own,  as 
from  the  ambition,  rapacity,  injustice, 
intemperance,  and  fully  of  other  nations, 
proceed  in  increasing  and  rapid  succes 
sion.  On  the  other,  there  is  a  general 
propensity  in  those  who  administer  the 
affairs  of  government,  founded  in  the 
constitution  of  man,  to  shift  off  the  bur 
den  from  the  present  to  a  future  day ; 
a  propensity,  which  may  be  expected 
to  be  strong  in  proportion  as  the  form, 
of  the  state  is  popular." 

The  difficulties  arising  from  this  pro 
pensity  in  a  republican  government,  as 
well  as  the  inconsistency  of  those,  who, 
to  obtain  popularity,  will  loudly  de 
claim  against  the  accumulation  of  debt, 
and  in  favor  of  its  reduction,  as  abstract 
questions,  and  yet  from  the  same  mo 
tives,  will  as  loudly  declaim  against 
the  very  means,  which  can  alone  pre 
vent  the  one,  and  effect  the  other,  are 
stated  by  Mr.  Hamilton,  with  great  per 
spicuity  and  truth.  "To  extinguish  a 
debt,"  he  observed,  "  which  exists,  and 
to  avoid  contracting  more,  are  ideas 

O 

almost  always  favored  by  public  feel 
ing  and  opinion,  but  to  pay  taxes  for 
the  one  or  the  other  purpose,  which 
are  the  only  means  to  avoid  the  evil,  is 


always  more  or  less  unpopular.  These 
contradictions  are  in  human  nature. 
And  the  lot  of  a  country  would  be  en 
viable,  indeed,  in  which  there  were  not 
always  men,  ready  to  turn  them  to  the 
account  of  their  own  popularity,  or  to 
some  other  sinister  account.  Hence  it 
is  no  uncommon  spectacle,  to  see  the 
same  man  clamoring  for  occasions  of 
expense,  when  they  happen  to  be  in 
unison  with  the  present  humor  of  the 
community,  well  or  ill  directed ;  de 
claiming  against  a  public  debt,  and  for 
the  reduction  of  it ;  yet  vehement 
against  every  plan  of  taxation,  which 
is  proposed  to  discharge  old  debts  or 
to  avoid  new,  by  defraying  the  ex 
penses  of  exigencies  as  they  emerge." 

An  act  finally  passed,  on  this  im 
portant  subject,  during  this  session, 
substantially  in  accordance  with  the 
plan  suggested  by  the  secretary,  though 
Congress  were  divided  on  the  question 
of  pledging  the  internal  duties.  The 
funds  appropriated  for  the  reimburse 
ment  and  redemption  of  the  debt,  were 
by  law  vested  in  the  commissioners  of 
the  sinking  fund,  in  trust  for  that  ob 
ject,  and  the  faith  of  the  United  States 
was  pledged,  that  the  funds  should  in 
violably  so  remain  appropriated  and 
vested,  until  the  whole  debt  should  be 
paid.  These  funds  were  to  be 
applied  to  the  payment  of  eight 
per  cent,  per  annum,  on  account  of  the 
principal  and  interest  of  the  six  per 
cent,  and  deferred  stock,*  and  the  sur- 


*  It  may  not  be  out  of  place  to  state,  in  this  con 
nection,  that  in  pursuance  of  this  compact  with  the 
public  creditors,  the  six  per  cent,  stock  was  fully  paid 
in  the  year  1818,  and  the  deferred  stock  in  1824. 


CH.  VIII. J 


HAMILTON'S   RESIGNATION. 


359 


plus  to  the  payment  of  the  other  debts, 
foreign  and  domestic.  The  total 
amount  of  the  unredeemed  debt  of 
the  United  States,  (including  the  as 
sumed  debt,)  in  the  year  1795,  was 
$76,096,468  I7cts. 

The  report  of  the  select  committee 
recommended  additional  objects  for  in 
ternal  taxation,  and  that  the  temporary 
duties  already  imposed,  should  be  ren 
dered  permanent.  The  opposition  was 
so  ardent,  that  the  bill  did  not  pass  till 
late  in  February.  At  length,  it  was 
carried  by  the  persevering  exertions 
of  the  federal  party.  Beside  the  usual 
appropriations  for  interest  on  the  debt, 
and  public  service,  this  session  there 
was  nearly  $1,500,000  to  be  paid  for 
the  cost  of  the  suppression  of  the 
"Whiskey  Rebellion,"  which  could  only 
be  met  by  a  temporary  loan  ;  and  alto 
gether,  the  amount  required,  equalled 
the  estimated  total  income,  $6,500,- 
000.  It  is  worth  noticing,  that  there 
were,  during  this  session  of  Congress, 
fewer  of  those  stormy  debates,  which 
had  before  so  greatly  obstructed  the 
transaction  of  business,  and  stirred  up 
such  rancorous  feeling  through  the 

O  O 

country;  and  the  principal  result,  the 
reorganization  of  the  sinking  fund,  was 
of  the  highest  possible  importance  to 
the  nation. 

Hamilton,  who  had  purposed  for 
some  *  time  past,  retiring  from  office, 
partly  in  consequence  of  the  mean 
and  penurious  provision  afforded  for  the 
support  of  the  government  officers,  re 
signed,  on  the  last  day  of  January,  his 
post  as  secretary  of  the  treasury. 
Oliver  Wolcott  was  appointed  his  suc 
cessor  on  the  2d  of  February.  Gen 


eral  Knox  had  retired  a  month  before, 
and  was  succeeded  by  Colonel  Picker 
ing.  During  the  time  that  Hamilton 
filled  the  office-  of  secretary  of  the 
treasury,  "the  principles  that  divided 
the  two  parties  were  more  inseparably 
connected  with  the  financial,  than  with 
any  other  acts  of  the  government. 
State  sovereignty,  or  national  sove 
reignty,  was  bound  up  in  each  succes 
sive  measure.  The  assumption  of  a 
debt,  the  creation  of  a  bank,  the  im 
position  of  a  tax,  involved  questions  of 
infinite  political  moment ;  and  it  was 
only  when  these  should  be  fully  estab 
lished,  that  the  treasury  could  take  its 
natural  level  in  point  of  importance. 
The  erection  of  a  fiscal  system  in  the 
face  of  so  violent  and  powerful  "oppo 
sition,  of  such  conflicting  interests  and 
inveterate  prejudices,  and  of  the*  ob 
stacles  which  an  imperfect  knowledge 
of  our  resources  and  erroneous  opinions 
on  financial  subjects  offered,  required  a 
union  of  qualities  rarely  found.  It  had 
not  been,  therefore,  merely  as  the  head 
of  a  department,  that  Hamilton's  tal 
ents  were  required  or  exercised.  He 
had  brought  the  whole  of  his  vast  men 
tal  resources  and  political  influence,  to 
bear  upon  every  fundamental  maxim 
of  government.  On  every  subject,  he 
had  been  a  counsellor,  to  whose  opin 
ion  weight  was  attached,  both  by  the 
president  and  the  nation,  and  he  had 
become,  as  it  were,  identified  with  the 
principles  of  the  federal  party."* 


*  Gibbs's  "Administrations  of  Washington  and 
Adams,'1''  vol.  i.,  pp.  172,  73.  For  the  tribute  justly 
due  to  the  talents,  patriotism,  and  integrity  of  Hamil 
ton,  the  reader  may  consult  Marshall's  "  lAfe  of 
Washington,"  vol.  ii.,  pp.  356-58.  Per  contra,  the 


360 


FURTHER  TRIALS   OF  THE  ADMINISTRATION. 


[BK.  IV. 


1793. 


On  the  3d  of  March,  the  session  end 
ed,  and  with  it  the  third  Congress 
closed  its  career.  Although 
the  republican  party  had  ob 
tained  a  small  majority  in  one  branch 
of  the  legislature,  several  circumstances 
had  concurred  to  give  great  weight  to 
the  recommendations  of  the  president. 
Among  these,  were  the  victory  obtained 
by  General  Wayne,  and  the  suppression 
of  the  western  insurrection.  In  some 
points,  however,  which  he  had  pressed 
with  earnestness,  his  sentiments  did  not 
prevail.  One  of  these  was  a  plan  for 
preserving  peace  with  the  Indians,  by 
protecting  them  from  the  intrusions 
of  the  whites.  He  had  scarcely  per 
mitted  a  Congress  to  pass  without  call 
ing  their  attention  to  this  subject.  It 
had  been  mentioned  in  his  speech  at 
the 'commencement  of  this  session,  and 
had  been  further  enforced  by  a  message 
accompanying  a  report  made  upon  it 
by  the  secretary  of  war.  The  plan  sug 
gested  in  this  report  was,  to  add  to 
those  arrangements  respecting  trade 
which  were  indispensable  to  the  pres 
ervation  of  peace,  a  chain  of  garrisoned 
posts  within  the  territory  of  the  In- 


preface  to  Jefferson's  "Anas,"  may  be  consulted. 
He  charges  distinctly  upon  Hamilton  the  being  "  not 
only  a  monarchist,  but  for  a  monarchy  bottomed  on 
corruption."  In  proof  of  this,  he  relates  an  anecdote, 
with  the  strange  and  uncalled  for  asseveration,  "for 
the  truth  of  which,  I  attest  the  God  who  made 
me."  Hamilton  wanted,  he  says,  a  "hereditary  king, 
with  a  house  of  lords  and  commons,  corrupted  to  his 
will,  and  standing  between  him  and  the  people." 
Jefferson's  "TT0r£s,"  vol.  ix.,  pp.  95-97.  We  quote 
these  things  as  due  to  the  truth-  of  history,  while  at 
the  same  time  we  avow  our  conviction,  that  charges 
of  this  kind  against  Hamilton  have  no  foundation, 
and  were  penned  under  the  influence  of  inveterate 
political  animosity. 


dians,  provided  their  assent  could  be 
obtained,  and  to  subject  all  trespassers 
on  their  lands  to  martial  law.  A  bill 
founded  on  this  report  passed  the  Sen 
ate,  but  was  lost  in  the  House.* 

Immediately  after  the  adjournment 
of  Congress,  Washington  received  news 

O  /  O 

that  the  treaty  of  amity,  commerce,  and 
navigation,  between  the  United  States 
and  Great  Britain,  had  been  signed  on 
the  19th  of  the  preceding  November. 
A  copy  of  this  celebrated  treaty  reached 
the  office  of  state  on  the  Yth  of  March, 
and  the  president  devoted  himself  im 
mediately  to  an  earnest  consideration 
of  its  contents,  and  of  his  duty  in  re 
gard  to  its  ratification. 

On  a  previous  page  (see  p.  336,)  we 
have  spoken  of  the  appointment  of  Mr. 
Jay  to  the  special  mission  to  England, 
and  of  the  critical  circumstances  under 
which  he  entered  upon  his  task.  Leav 
ing  New  York  on  the  12th  of  May, 
1794,  he  arrived  in  London  about  the 
middle  of  June;  and  immedi 
ately  put  himself  in  communi 
cation  with  Lord  Grenville,  who  was 
commissioned  by  the  king  to  treat  with 
the  American  envoy.  His  instructions 
were  of  a  general  nature,  the  only  re 
strictions  imposed  upon  him  being,  that 
no  engagement  should  be  entered  into 
inconsistent  with  existing  obligations 

O  O 

towards  France,  and  that  a  direct  trade 
should  be  secured  with  the  British 
West  India  Islands.  Both  Mr.  Jay  and 
Lord  Grenville  were  sincerely  desirous 


*  We  may  mention  here,  as  of  general  interest, 
that  the  19th  of  February  was  observed,  agreeably 
to  Washington's  proclamation,  as  a  day  of  thanks 
giving  throughout  the  United  States. 


1794. 


CH.  VIII.] 


OUTLINE  OF  MR.  JAY'S  TREATY. 


3G1 


of  effecting  such  a  treaty  as  would  be 
acceptable  to  their  respective  countries; 
and  as  frankness  and  manly  straight 
forwardness  characterized  their  diplo 
matic  intercourse,  the  negotiation  pro 
ceeded  as  rapidly  as  was  possible  in 
view  of  the  many  and  perplexing  ques 
tions  at  issue.  Referring  for  particu 
lars  connected  with  the  negotiation,  to 
the  account  contained  in  the  biography 
of  Mr.  Jay,*  we  shall  give  the  principal 
features  of  the  treaty,  as  drawn  from 
the  work  of  Pitkin. 

The  preamble  stated,  that  the  two 
governments  "  being  desirous,  by  a 
treaty  of  amity,  commerce,  and  naviga 
tion,  to  terminate  their  differences  in 
such  a  manner,  as  without  reference  to 
the  merits  of  their  respective  com 
plaints  and  pretensions,  may  be  the  best 
calculated  to  produce  mutual  satisfac 
tion  and  good  understanding,"  etc. 

The  western  posts  were  to  be  surren 
dered  to  the  United  States,  on  or  be 
fore  the  1st  of  June,  17 90  ;  but  no  com 
pensation  was  made  for  negroes  carried 
away  by  the  British,  after  the  peace 
of  1783.  The  United  States  were  to 
compensate  British  creditors  for  losses 
occasioned  by  legal  impediments  to  the 
collection  of  debts,  contracted  before 
the  Revolutionary  War ;  to  be  settled 
and  adjusted  by  commissioners;  and 
Great  Britain  was  to  make  compen- 


*  See  "  Life  of  John  Jay"  by  his  Son,  vol.  i.,  pp. 
322-40.  In  a  private  letter  to  Washington,  of  the 
same  date  with  the  signature  of  the  treaty,  Mr.  Jay 
gave  it  as  his  settled  conviction,  that  to  "  do  more 
was  impossible.  I  ought  not  to  conceal  from  you,"  he 
adds,  "that  the  confidence  reposed  in  your  personal 
character,  was  visible  and  useful  throughout  the  ne 
gotiation." 


sation  to  American  merchants,  for  ille 
gal  captures  of  their  property,  to  be 
adjusted  also  in  the  same  mode.  In 
both  cases,  the  commissioners  were  to 
consist  of  five  persons,  two  to  be  ap 
pointed  by  each  government,  and  the 
fifth  by  the  unanimous  voice  of  the 
four;  but  if  they  should  not  agree, 
then  the  commissioners  named  by  the 
two  governments,  to  propose  one,  and 
of  the  two  names  thus  proposed,  one  to 
be  drawn  by  lot.  Provision  was  also 
made  for  ascertaining  more  accurately 
the  boundaries  between  the  United 
States  and  the  British  North  American 
possessions. 

British  subjects  holding  lands  in  the 
territories  of  the  United  States,  and 
American  citizens  holding  lands  in"  the 
British  dominions,  were  to  continue  to 
hold  them,  according  to  the  nature  and 
tenure  of  their  respective  estates  and 
titles  therein,  with  power  to  sell,  grant, 
or  devise  the  same ;  and  by  the  tenth 
article,  it  was  expressly  provided,  that 
neither  the  debts  due  from  individuals 
of  the  one  nation,  to  individuals  of  the 
other,  nor  shares  or  moneys  in  the  pub 
lic  funds,  or  in  the  public  or  private 
banks,  should,  in  any  event  of  war  or 
national  differences,  be  sequestered  or 
confiscated;  "it  being  unjust  and  im 
politic,"  as  asserted  in  this  article, 
"  that  debts  and  engagements  contract 
ed  and  made  by  individuals,  having 
confidence  in  each  other  and  in  their 
respective  governments,  should  ever  be 
destroyed  or  impaired  by  national  au 
thority,  on  account  of  national  differ 
ences  and  discontents." 

Both  parties  had  liberty  to  trade 
with  the  Indians,  in  their  respective  ter- 


362 


FURTHER  TRIALS   OF  THE  ADMINISTRATION. 


[Bx.  IV. 


ritories  in  America,  (with  the  exception 
of  the  country  within  the  limits  of  the 
Hudson  Bay  Company,)  and  the  River 
Mississippi  to  be  also  open  to  both  na 
tions. 

The  first  ten  articles,  principally  em 
bracing  these  important  subjects,  were 
made  permanent. 

The  other  eighteen  articles  related 
to  the  future  intercourse  between  the 
two  countries,  and  in  their  duration 
were  limited  to  twelve  years,  or  two 
years  after  the  termination  of  the  war 
in  which  the  British  nation  was  then 
engaged.  By  the  twelfth  article,  a  di 
rect  trade  was  permitted  between  the 
United  States  and  the  British  West 
India  Islands,  in  American  vessels  not 
above  the  burden  of  seventy  tons,  and 
in  goods  or  merchandize  of  the  growth, 
manufacture,  or  produce  of  the  states, 
and  in  the  production  of  the  islands ; 
but  the  United  States  were  restrained 
from  carrying  molasses,  sugar,  coffee, 
cocoa,  or  cotton,  either  from  the  islands, 
or  from  the  United  States,  to  any  part 
of  the  world. 

As  cotton,  to  some  extent,  was,  at 
that  time,  produced  in  the  southern 
states,  and  had  then  begun  to  be  ex 
ported,  the  twelfth  article  seems  re 
markable.  Mr.  Jay,  however,  it  is 
stated,  was  ignorant  that  cotton,  of  the 
growth  of  •  the  United  States,  had  or 
would  become  an  article  of  export. 

A  reciprocal  and  perfect  liberty  of 
commerce  and  navigation  between  the 
United  States  and  the  British  dominions 
in  Europe,  was  established,  neither  to  be 
subject  to  higher  duties  than  other  na 
tions,  the  British  government  reserving 
the  right  of  countervailing  the  Ameri 


can  foreign  duties.  And  American 
vessels  were  freely  admitted  into  the 
ports  of  the  British  territories  in  the 
East  Indies,  but  not  to  carry  on  the 
coasting  trade. 

Timber  for  ship-building,  tar,  rosin, 
copper  in  sheets,  sails,  hemp,  and  cord 
age,  and  generally  what  might  serve 
directly  to  the  equipment  of  vessels, 
(unwrought  iron  and  pine  planks  only 
excepted,)  were  included  in  the  list  of 
contraband.  With  respect  to  provisions 
and  other  articles,  not  generally  contra 
band,  on  "  account  of  the  difficulty  of 
agreeing  on  the  precise  cases  in  which 
they  should  be  regarded  as  such,"  and 
for  the  purpose  of  providing  against 
the  inconveniences  and  misunderstand 
ings  which  might  thence  arise,  it  was 
declared,  that  whenever  such  articles 
should  become  contraband,  according 
to  the  existing  law  of  nations,  the  same 
should  not  be  confiscated,  but  the  own 
ers  be  completely  indemnified  by  the 
captors,  or  the  government. 

Prizes  made  by  ships  of  war  and  pri 
vateers  of  either  party,  might  enter  and 
depart  from  the  ports  of  each  other, 
without  examination  ;  and  no  shelter  or 
refuge  was  allowed  to  such  vessels  as 
had  made  a  prize  upon  the  subjects  or 
citizens  of  the  parties.  Nothing,  how 
ever,  in  the  treaty  was  to  operate  con 
trary  to  former  and  existing  treaties 
with  other  nations. 

Mr.  Jay  was  unable  to  obtain  a  stipu 
lation,  that  free  ships  should  make  free 
goods.  Indeed  after  the  declaration 
of  the  lords  of  the  committee  of  trade 
and  plantations  on  this  subject,  con 
tained  in  their  report  which  AVC  have 
before  mentioned,  it  AAras  hardly  to  be 


CH.  VIII.] 


QUESTION   OF  RATIFYING  THE  TREATY. 


expected  that  Great  Britain  in  time  of 
war,  would  consent  to  any  relaxation 
of  the  rigid  rule  of  law,  on  this  subject. 
Notwithstanding  the  opinion  of  the 
same  committee,  that  their  colonial 
ports  were  not  to  be  opened  to  the 
Americans,  and  that  this  was  not  to 
be  a  subject  even  of  negotiation,  yet  a 
direct  trade  was  permitted  between 
the  United  States  and  the  British  West 
India  Islands,  in  vessels  of  a  certain 
description.  Unfortunately,  the  treaty 
left  the  important  question  with  respect 
to  provisions  being  contraband,  as  it 
found  it,  resting  on  the  existing  law  of 

/  O  O 

nations ;  yet,  all  things  considered,  Mr. 
Jay  was  entirely  persuaded,  that  it  was 
the  best  which  was  attainable,  and 
which  he  believed  it  for  the  interest 
of  the  United  States  to  accept.* 

The  Constitution  requiring  that  all 
treaties  should  be  ratified  by  the  Senate, 
Washington  summoned  that  body  to 
meet  on  the  Oth  of  June,  and 
the  treaty,  with  the  documents 
connected  with  it,  were  submitted  to 
their  consideration.  Washington  him- 

O 

self  was  not  quite  satisfied  with  the 
treaty,  and  had  hoped  for  something 
more  favorable ;  nevertheless,  as  peace 


*  The  original  draft  of  the  treaty  prepared  by  Mr. 
Jay,  and  submitted  to  Lord  Grenville,  contained  the 
following  article  :  "  It  is  agreed,  that  if  it  should  un 
fortunately  happen,  that  Great  Britain  and  the  United 
States  should  be  at  war,  there  shall  be  no  privateers 
commissioned  by  them  against  each  other/'  It  is 
certainly  matter  of  deep  regret,  that  this  article  was 
not  adopted,  for  the  example  of  two  great  nations  like 
England  and  the  United  States,  would  have  done 
much  towards  putting  an  end  to  a  species  of  warfare, 
urged  on  by  lust  of  gain,  and  productive  of  extensive 
suffering.  See  "  Life  of  John  Jay"  by  his  Son,  vol.  i., 
p.  329. 


1795. 


1795. 


was  all  important  to  the  United  States, 
he  determined,  if  the  Senate  agreed  to 
the  treaty,  to  affix  to  it  his  signature. 
For  some  two  weeks  the  Senate  had 
this  important  paper  under  considera 
tion  and  discussion,  the  result  of  which 
was,  that,  with  the  exception  of  one 
article,  (viz. ;  in  relation  to  the  West 
India  trade)  the  president  was  advised 
to  ratify  the  treaty,  by  a  bare  constitu 
tional  majority,  twenty  against  ten. 

Washington  was  in  considerable 
doubt  as  to  the  course  he  ought  to 
pursue,  in  view  of  this  conditional 
ratification  of  the  treaty  by  the  Sen 
ate,  and  while  he  was  hesitating  as  to 
a  proper  decision  in  regard  to 
these  novel  points,  intelligence 
arrived  that  the  British  government 
had  renewed  the  provision  order  of 
June,  1793.  This  led  him  seriously 
to  question  whether  he  should  ratify 
the  treaty  until  satisfactory  explana 
tions  were  given  as  to  this  part  of  it. 
Pie  directed  a  strong  memorial  to  be 
prepared  by  the  secretary  of  state, 
and  reserved  his  decision  on  the  va 
rious  points  involved,  until  his  return 
from  Mount  Vernon,  whither  he  was 
compelled  to  proceed,  in  July,  on  pri 
vate  business. 

Meanwhile,  one  of  the  Virginia  Sen 
ators,  S.  T.  Mason,  in  violation  of  the 
obligation  of  secrecy,  and  the  evident 
demands  of  propriety,  sent  a  copy  of 
the  treaty  to  the  "  Aurora,"  a  violent 
partisan  paper  in  Philadelphia.  On 
the  2d  of  July  it  was  published,  and 
spread  before  the  community,  with 
out  the  authority  of  the  executive,  and 
without  any  of  the  official  documents 
and  correspondence  necessary  to  a  fair 


3G4 


FURTHER  TRIALS   OF  THE  ADMINISTRATION. 


[BK.  IV. 


appreciation  and  understanding  of  its 
various  provisions. 

If,  in  the  existing  state  of  parties, 
and  the  embittered  feelings  which 
widely  prevailed,  the  mission  of  John 
Jay  was  censured,  and  the  result  of 
his  labors  condemned  in  advance,  be 
fore  it  was  known  at  all  what  the 
treaty  contained,  the  reader  can  imagine 

»'  O 

what  an  effect  must  have  been  pro 
duced  by  the  publication  of  the  treaty 
in  this  clandestine  manner.  Great 
Britain  was  hated  and  reviled,  and 
France  was  almost  adored,  by  a  large 
and  powerful  party  in  the  United 
States ;  and  there  were  numbers  ready, 
in  their  blind  political  fury  and 
excitement,  to  sacrifice  every  thing 
rather  than  be  on  any  terms 

1795.         f  ,         .   ,        ,       J          - 

ot  concord  with  the  mother 
country,  and  rather  than  moderate  in 
any  degree  their  passionate  devotion 
to  France.  "  The  entire  democratic 
party,"  as  Mr.  Tucker  states,  "  from 
one  end  of  the  Union  to  the  other, 
exclaimed  with  one  voice,  that  the 
treaty  had  tamely  and  basely  surren 
dered  the  honor,  rights,  and  interests 
of  the  United  States  at  the  feet  of 
their  most  deadly  enemy."* 


*  It  was  in  the  summer  of  1795,  that  Hamilton 
wrote  his  powerful  essays  under  the  signature  of 
"•.Camillas,"  in  which  he  discussed  with  masterly 
ability,  and  defended  most  ably,  the  treaty  of  Mr. 
Jay.  (See  Hamilton's  Works,  vol.  vii.,  p.  172,  etc.) 
It  was  in  regard  to  these  able  essays  that  Jefferson 
termed  Hamilton  "a  colossus  to  the  anti-republican 
party,  and  without  numbers  a  host  in  himself."  He 
calls  upon  Madison,  in  earnest  terms,  to  answer  the 
writings  on  the  federal  side:  "Tor  God's  sake,  take 
up  your  pen,  and  give  a  fundamental  reply  to  Cur- 
tius  and  Camillas."  Tucker's  "Life  of  Jefferson," 
vol.  i.,  p.  500. 


Meetings  of  the  people  were  held 
in  Boston,  New  York,  Philadelphia, 
Baltimore,  Charleston,  and  other  towns, 
in  which  the  treaty  was  criticized  in 
the  most  violent  style,  and  inflamma 
tory  resolutions  and  appeals  were  issu 
ed,  condemning  the  treaty  in  the  most 
unqualified  terms.  "Torrents  of  vitu 
peration  were  poured  forth ;  Catos  and 
other  great  names  of  ancient  days 
again  appeared  upon  earth,  lamenting 
the  degeneracy  of  their  country,  and 
showing  by  statistical  calculations  the 
amount  of  sacrifices  and  degradation 
it  sustained ;  inflamed  patriots  address 
ed  inflammable  crowds  in  every  sec 
tion  of  the  country ;  Boston  and  the 
other  cities  passed  condemnatory  reso 
lutions,  which  were  duly  heaped  upon 
the  cabinet  table.  The  opposition, 
however,  did  not  stop  at  words.  Many 
disgraceful  scenes  were  enacted  in  the 
principal  cities  during  the  excitement 
of  the  question ;  mobs  threatened  vio 
lence  to  its  supporters;  Mr.  Jay  was 
burnt  in  effigy ;  the  British  minister 
was  insulted.  In  New  York,  Mr.  Ham 
ilton  was  stoned  at  a  public  meeting, 
members  of  the  opposite  party,  high  in 
station  and  influence,  standing  by  with 
out  interfering." 

Again  was  the  indomitable  firmness 
of  Washington  brought  into  exercise 
for  the  saving  of  his  country.  He  was 
not  one  to  be  driven  from  the  post  of 
duty  by  clamor  or  denunciation,  and 
when  once  he  had  made  up  his  mind, 
it  was  impossible  to  move  him.  The 
selectmen  of  the  town  of  Boston,  early 
in  July,  passed  a  number  of  resolutions 
against  the  treaty,  and  sent  them  to 
the  president  by  express,  urging  him 


Cn.  VIII.] 


ANSWER  TO  TTTE   BOSTON   SELECTMEN. 


3G5 


1795. 


to  refuse  his  signature  to  the  treaty. 
His  answer,  so  like  the  man,  and  clearly 
defining  the  views  which  he  entertain 
ed,  and  the  principles  by  which  he  was 
governed,  is  worthy  of  being  quoted  in 
full:- 

"  To  THE  SELECTMEN  OF  THE  TOWN  OF  BOSTON. 
UNITED  STATES,  2Stk  July,  1795. 

"GENTLEMEN:  In  every  act  of  my 
administration  I  have  sought  the  hap 
piness  of  my  fellow-citizens.  My  sys 
tem  for  the  attainment  of  this  object 
has  uniformly  been,  to  overlook  all  per 
sonal,  local,  and  partial  considerations ; 
to  contemplate  the  United  States  as 
one  great  whole  ;  to  consider  that  sud 
den  impressions,  when  erroneous,  would 
yield  to  candid  reflection ;  and 
to  consult  only  the  substantial 
and  permanent  interests  of  our  country. 
Nor  have  I  departed  from  this  line  of 
conduct  on  the  occasion  which  has  pro 
duced  the  resolutions  contained  in  your 
letter  of  the  13th  instant. 

"  Without  a  predilection  for  my  own 
judgment,  I  have  weighed  with  atten 
tion  every  argument  which  has,  at  any 
time,  been  brought  into  view.  But  the 
Constitution  is  the  guide  which  I  never 
can  abandon.  It  has  assigned  to  the 
president  the  power  of  making  treaties, 
with  the  advice  and  consent  of  the 
Senate.  It  was  doubtless  supposed 
that  these  two  branches  of  government 
would  combine  without  passion,  and 
with  the  best  means  of  information, 
those  facts  and  principles  upon  which 
the  success  of  our  foreign  relations  will 
always  depend ;  that  they  ought  not  to 
substitute  for  their  own  conviction  the 
opinions  of  others,  or  to  seek  truth 
VOL.  II.— 46 


through  any  channel  but  that  of  a  tem 
perate  and  well  informed  investigation. 

"  Under  this  persuasion,  I  have  re 
solved  on  the  manner  of  executing  the 
duty  before  me.  To  the  high  responsi 
bility  attached  to  it,  I  freely  submit; 
and  you,  gentlemen,  are  at  liberty  to 
make  these  sentiments  known,  as  the 
ground  of  my  procedure.  While  I  feel 
the  most  lively  gratitude  for  the  many 
instances  of  approbation  from  my  coun 
try,  I  can  no  otherwise  deserve  it,  than 
by  obeying  the  dictates  of  my  con 
science. 

"With  due  respect,  I  am,  gentle 
men,  your  obedient 

"  GEORGE  WASHINGTON." 

It  would  be  a  painful  task  to  enlarge 
upon  the  unmeasured  detraction  and 
foul  abuse  which  were  heaped  upon  the 
president  in  consequence  of  the  stand 
which  he  had  taken.*  Regardless  of 
truth  and  decorum,  he  was  assailed  with 


*  The  ratification  of  Jay's  treaty,  as  J.  Q.  Adams 
forcibly  says,  "brought  on  the  severest  trial  which 
the  character  of  Washington,  and  the  fortunes  of  our 
nation  have  ever  passed  through.  No  period  of  the 
war  of  independence,  no  other  emergency  of  our  his 
tory  since  its  close,  not  even  the  ordeal  of  establish 
ing  the  Constitution  of  the  United  States  itself,  has 
convulsed  to  its  inmost  fibres,  the  political  association 
of  the  North  American  people  with  such  excruciating 
agonies,  as  the  consummation  and  fulfilment  of  this 
great  national  composition  of  the  conflicting  rights, 
interests,  and  pretensions  of  our  country  and  of  Great 
Britain.  The  party  strife  in  which  it  originated,  and 
to  which  it  gave  birth,  is  not  yet  appeased.  From 
this  trial,  Washington  himself,  his  fame,  the  peace, 
union,  and  prosperity  of  his  country,  have  issued  tri 
umphant  and  secure.  But  it  prepared  the  way  for 
the  reversal  of  some  of  the  principles  of  his  adminis 
tration,  and  for  the  introduction  of  another  and 
widely  different  system  six  years  after,  in  the  person 
of  Thomas  Jefferson.1' — "Jubilee  of  the  Constitu 
tion,"  p.  97. 


366 


FURTHER  TRIALS   OF  THE  ADMINISTRATION. 


[BK.  IV. 


1795. 


a  malignity  and  fierceness  of  invective, 
which  it  would  seem  that  the  most 
abandoned  and  corrupt  politician  and 
demagogue  could  hardly  deserve.  But, 
so  far  as  he  himself  was  concerned,  he 
pitied  and  despised  all  such  attempts 
to  force  him  to  yield  to  popular  clamors 
and  demands.  From  the  excitement, 
however,  which  prevailed,  he  was  not 
without  serious  apprehensions  of  the 
effect  which  might  be  produced 
by  it  upon  the  relations  of  the 
United  States  with  France.  This  led 
him  to  a  speedy  and  fixed  decision  on 
the  subject  of  ratifying  the  treaty.  He 
returned  to  Philadelphia  on  the  llth 
of  August;  consulted  the  cabinet  at 
once ;  and  all  the  members  advising  it, 
except  the  secretary  of  state,  Washing 
ton  signed  the  treaty.  Its  ratification 
was  accompanied  with  a  strong  memo 
rial  against  the  provision  order,  which, 
we  may  here  mention,  was,  in  due  time, 
repealed,  and  the  ratification  of  the 
treaty  was  reciprocated  by  the  British 
government. 

As  respects  this  famous  treaty,  Mr. 
Sparks  justly  remarks;  "Time  disap 
pointed  its  enemies,  and  more  than  ful 
filled  the  expectations  of  its  friends.  It 
saved  the  country  from  a  war,  improved 
its  commerce,  and  served  in  no  small 
degree  to  lay  the  foundation  of  its  du 
rable  prosperity.  The  great  points 
which  were  said  to  be  sacrificed  or 
neglected,  the  impressment  of  seamen, 
neutral  rights,  and  colonial  trade,  have 
never  yet  been  settled,  and  are  never 
likely  to  be  settled  satisfactorily,  while 
England  maintains  the  ascendency  she 
now  holds  on  the  ocean."  Mr.  Jefferson, 
on  the  other  hand,  who  may  properly 


be  regarded  as  speaking  for  the  oppo 
nents  of  the  treaty  and  the  govern 
ment  which  ratified  it,  denounced  it  as 
"an  execrable  thing."  "I  trust,"  he 
said,  in  a  letter  to  Governor  Kutledge 
of  South  Carolina,  "  the  popular  branch 
of  our  legislature  will  disapprove  of  it, 
and  thus  rid  us  of  this  infamous  act, 
which  is  really  nothing  more  than  a 
treaty  of  alliance  between  England  and 
the  Anglomen  of  this  country  against 
the  legislature  and  people."* 

The  day  after  the  signature  of  the 
treaty,  Mr.  Randolph  resigned  the  post 
of  secretary  of  state,  under  circumstan 
ces  of  rather  a  suspicious  character 
Into  the  particulars  we  have  not  space 
to  enter,  and  how  far  Randolph  was 
guilty  of  intrigue  with  M.  Fauchet,  the 
French  minister,  and  of  violation  of 
duty,  it  is  not  easy  to  say.  His  Vindi 
cation  was  published  at  the  close  of  the 
year,  and  does  not  appear  to 
have  been  very  successful  in 
removing  the  suspicions  of  bad  faith 
which  attached  to  his  private  inter 
views  and  conversations  with  Fauchet.f 
Washington  offered  the  vacant  post  to 
Patrick  Henry,  who  was  prevented  by 
private  considerations  from  undertak 
ing  its  duties.  Mr.  King,  General 
Pinckney,  and  two  or  three  others,  were 
asked  to  enter  the  cabinet  as  secretary 
of  state ;  but  they  declined.  Finally, 
Colonel  Pickering,  who  had  temporary 
charge  of  the  post,  was  formally  ap- 


*  "Life  of  Jefferson,"  vol.  i.,  p.  f>01. 

t  See  Sparks's  "  Life  of  Washington,"  pp.  468,  69. 
For  a  more  detailed  account  of  the  whole  matter, 
(which  is  written  with  perhaps  undue  severity,) 
see  Gibbs's  "Administration*  of  Washington  and 
Adams,"  vol.  i.,  pp.  232-80 


1795. 


CH.  VIII.] 


367 


1  795. 


pointed  in  December  of  the  present 
year.  Mr.  Bradford's  death,  in  August, 
caused  a  vacancy  in  the  attorney-gener 
alship,  which  was  also  filled  in  Decem 
ber,  by  the  appointment  of  Charles  Lee 
of  Virginia.* 

In  August  of  this  year,  General 
Wayne  concluded  a  treaty  of  peace,  at 
Greenville,  with  the  chiefs  of  the 
Wyandots,  Delawares,  Chippe- 
was,  and  other  Indian  tribes.  By  this 
treaty  the  Indians  ceded  the  post  of 
Detroit,  and  a  considerable  tract  of 
adjacent  land,  to  the  United  States. 
A  Jract  of  land  was  ceded  on  the  main, 
to  the  north  of  the  island  on  which  the 
post  of  Michilimackinac  stands,  to  meas 
ure  six  miles  on  Lakes  Huron  and 
Michigan,  and  to  extend  three  miles 
back  from  the  water  of  the  lake  or 
strait.  De  Bois  Blanc,  or  White  Wood 
Island,  was  also  ceded;  the  voluntary 
gift  of  the  Chippewas.  Goods  to  the 
amount  of  $20,000,  were  now  distrib 
uted  among  the  Indians ;  and  they 
were  to  receive  $8,000  annually. 

The  foreign  affairs  of  the  United 
States  had  now  begun  to  assume  a  more 
favorable  aspect.  A  treaty  was  con 
cluded  with  Spain  on  the  27th  of  Oc 
tober.  It  was  confined  principally  to 
the  two  great  subjects  in  dispute,  and 


*  The  vile  attempt  made  to  slander  the  president's 
good  name,  and  to  fix  upon  him  a  charge  of  having 
defrauded  the  treasury,  is  detailed  in  Marshall's 
"  Life  of  Washington,"  vol.  ii.,  pp.  370,  71.  The  very 
extravagance  of  this  attempt  caused  it  to  react  upon 
its  inventors,  and  the  public  viewed  with  just  indig 
nation,  this  effort  to  defame  a  character  which  was 
the  nation's  pride.  Americans  felt  themselves  in 
volved  in  this  atrocious  calumny  on  their  most  illus 
trious  citizen ;  and  its  propagators  were  frowned  into 
silence. 


was  styled  a  treaty  of  friendship,  lim 
its,  and  navigation.  By  this,  the  line 
between  the  United  States  and 
East  and  West  Florida  was  the 
same  as  that  settled  by  the  treaty  of 
peace  with  Great  Britain,  and  the 
troops  and  garrisons  of  either  party 
were  to  be  withdrawn  within  six 
months  after  the  ratification  of  the 
treaty.  The  line  was  to  be  ascertain 
ed  by  a  commissioner  and  surveyor, 
to  be  appointed  by  each  of  the  con 
tracting  parties,  and  who,  for  that  pur 
pose,  were  to  meet  at  Natchez,  within 
six  months  from  the  time  of  ratification. 

The  western  boundary  of  the  United 
States,  which  separated  them  from  the 
colony  of  Louisiana,  was  fixed  in  the 
middle  of  the  channel  of  the  River 
Mississippi,  to  the  thirty-first  degree  of 
north  latitude  ;  and  it  was  also  agreed, 
that  the  navigation  of  that  river,  from 
its  source  to  the  Ocean,  should  be  free 
only  to  the  subjects  and  citizens  of  the 
two  countries.  To  enable  the  citizens 
of  the  United  States  to  enjoy  the  bene 
fits  of  this  navigation  below  the  thirty- 
first  degree  of  latitude,  liberty  was 
granted  them  for  the  term  of  three 
years,  to  deposit  their  merchandise  and 
effects  in  the  port  of  New  Orleans,  and 
to  export  the  same  without  paying  any 
other  duty  than  a  fair  price  for  storage ; 
and  at  the  end  of  three  years,  the  king 
was,  at  his  option,  either  to  continue 
this  permission,  or  to  assign  an  equiva 
lent  establishment  on  some  other  part 
of  the  banks  of  the  Mississippi. 

It  was  stipulated  among  other  things, 
that  both  parties  should  use  all  the 
means  in  their  power,  to  maintain 
peace  and  harmony  among  the  Indian 


368 


FURTHER  TRIALS   OF  TOE  ADMINISTRATION. 


[BK.  IV. 


nations  on  their  borders ;  and  both 
parties  bound  themselves  to  restrain, 
even  by  force,  the  Indians  within  their 
limits,  from  acts  of  hostilities  against 
the  other ;  and  it  was  also  agreed,  that 
neither  party  would  thereafter  make 
any  treaties  with  those  who  did  not 
live  within  their  respective  limits.  Pro 
vision  was  also  made,  that  free  ships 
should  make  free  goods,  and  that  no 
citizen  or  subject  of  either  party,  should 
take  a  commission  or  letters  of  marque 
for  arming  any  vessel,  to  act  as  a  priva 
teer,  from  their  respective  enemies, 
under  the  penalty  of  being  considered 
and  punished  as  a  pirate. 

Thus,  after  a  tedious  and  unpleasant 
negotiation  of  about  fifteen  years,  the 
boundaries  between  the  countries  be- 
lonirincr  to  the  United  States  and 

o        O 

Spain,  in  America,  were  settled ;  and 
the  right  of  navigating  every  part  of 
the  Mississippi,  a  right  so  essential  to 
the  interests  of  our  vast  western  terri 
tory,  was  secured  to  the  United  States. 
The  president  was  able,  also,  in  No 
vember,  to  bring  to  a  close  the  long  ne 
gotiations  with  the  dey  of  Algiers ;  by 
which  peace  was  established  with  those 
piratical  marauders,  and  the  re 
lease  of  American  captives  ob 
tained.  This  was  effected  through  the 
agency  of  Colonel  Humphreys,  Mr. 
Barlow,  and  Mr.  Donaldson ;  and  about 
a  hundred  and  twenty  prisoners  were 
released  from  cruel  bondage,  some  of 
whom  had  been  in  this  ignominious  con- 

O 

ditiou  more  than  ten  years.  Pitkin 
(vol.  ii.,  pp.  438,  39)  gives  some  details 
of  the  various  efforts  made  between 
1785  and  1*795  to  conclude  treaties 
with  the  several  powers  in  the  Medi- 


1795. 


terranean,  who  subsisted  by  preying 
upon  the  defenceless  commerce  of 
Christian  nations.  Congress  appropri 
ated  about  $1,000,000,  to  be  applied 
under  the  direction  of  the  president, 
to  procure  the  release  of  the  suffering 
captives  in  Algiers.  The  money  was 
borrowed  of  the  Bank  of  the  United 
States,  and  was  to  be  furnished  in  Lon 
don,  principally  by  the  sale  of  public 
stock.  Colonel  Humphreys  was  em 
powered  to  conclude  a  treaty  of  peace 
with  the  dey  of  Algiers,  and  for  this 
purpose  he  left  the  United  States  in 
April,  1795.  He  was  accompanied%by 
Joseph  Donaldson,  consul  for  Tunis 
and  Tripoli ;  who  wras  to  be  employed 
to  negotiate  the  treaty,  while  Colonel 
Humphreys  himself  went  to  France, 
to  obtain  the  aid  of  the  French  govern 
ment. 

In  the  mean  time,  Mr.  Donaldson  pro 
ceeded  to  Algiers,  and  on  the  5th  of 
September  concluded  a  treaty  with  the 
dey.  He  engaged  that  the  money  for 
the  ransom  should  be  paid  in  three  or 
four  months,  presuming  it  would  be 
ready  in  London  before  that  time. 
Joel  Barlow  was  employed  by  Colonel 
Humphreys  to  go  from  France,  to  assist 
in  the  negotiation,  but  the  treaty  was 
concluded  before  his  arrival  at  Algiers. 

The  failure  in  the  payment  of  the 
money  by  the  time  stipulated,  greatly 
incensed  the  dey,  and  he  threatened 
to  abandon  the  treaty ;  and  it  was  with 
great  difficulty  that  Mr.  Barlow  and 
Mr.  Donaldson  procured  a  delay  until 
the  8th  of  April,  1796,  and  the  dey 
then  declared,  that  unless  the  money 
was  paid  within  thirty  days,  he  never 
would  be  at  peace  with  America.  In 


On.  VIII.] 


OPENING   OF  THE  FOURTH   CONGRESS. 


369 


this  situation  the  American  captives 
were  thrown  into  a  state  of  despair; 
and  the  agents  were  only  able  to  save 
the  treaty  and  procure  their  release  by 
a  promise  to  present  him  a  frigate  of 
thirty-six  guns.  By  this  they  obtained 
a  delay  of  three  months,  and  in  the 
mean  time  the  money  negotiations  were 
arranged,  and  the  poor  captives  finally 
released.  This  was  not  done,  however, 
but  at  the  expense  and  sacrifice  of  about 
$1,000,000.* 

On  the  7th  of  December,  the  fourth 
Congress  commenced  its  first  session. 
In  his  opening  speech,  Washington  ex 
pressed  his  conviction  that  he 

1795. 

had  never  met  the  national 
legislature  when  the  public  affairs  of 
the  United  States  afforded  more  just 
cause  of  mutual  congratulation,  or  call 
ed  for  more  "  profound  gratitude  to  the 
Author  of  all  good,  for  the  numerous 
and  extraordinary  blessings  they  en 
joyed."  The  Indian  war  was  satisfac 
torily  terminated.  Treaties  had  been 
concluded,  or  were  being  negotiated, 
with  Morocco,  Algiers,  and  Spain. 
And  with  Great  Britain,  "a  treaty  of 
amity,  commerce,  and  navigation  had 
been  negotiated ;"  of  which  "  the  Sen 
ate  had  advised  and  consented  to  the 
ratification,  upon  a  condition  which  ex- 
cepted  part  of  one  article  ;"  but  the 
responsive  decision  of  the  British  gov 
ernment  was  not  yet  known.  "  This 


*  It  is  worth  noting,  as  Mr.  Cooper  remarks,  that 
this  peace  obtained  from  the  dey  of  Algiers  cost  the 
government  $1,000,000,  "a  sum  quite  sufficient  to 
have  kept  the  barbarian's  port  hermetically  block 
aded  until  he  should  have  humbly  sued  for  permis 
sion  to  send  a  craft  to  sea." — "Naval  History"  vol. 
i.,  p.  151. 


interesting  summary  of  our  affairs," 
continued  Washington,  with  just  and 
grateful  pride,  "  opens  a  wide  field  for 
consoling  and  gratifying  reflections.  If 
by  prudence  and  moderation  on  every 
side,  the  extinguishment  of  all  the 
causes  of  external  discord,  which  have 
heretofore  menaced  our  tranquillity,  on 
terms  compatible  with  our  national 
rights  and  honor,  shall  be  the  happy 
result,  how  firm  and  how  precious  a 
foundation  will  have  been  laid  for  ac 
celerating,  maturing,  and  establishing 
the  prosperity  of  our  country !"  The 
"  internal  situation"  of  the  states  afford 
ed,  he  said,  "equal  cause  for  content 
ment  and  satisfaction."  The  general 
tranquillity  of  the  land,  contrasted  with 
the  "exhausting1  and  calamitous"' con- 

O 

tests  in  which  the  nations  of  Europe 
seemed  to  be  involved;  the  prosperous 
condition  of  agriculture,  commerce,  and 
manufactures ;  the  rapid  increase  of 
the  population ;  the  progress  of 
improvement ;  the  "  mild  and 
wholesome  laws  ;"  and  "  governments 
founded  on  the  genuine  principles  of  ra 
tional  liberty ;" — all  combined,  offered 
"a  spectacle  of  national  happiness,  never 
surpassed,  if  ever  before  equalled." 

Washington  particularly  pressed  up 
on  the  attention  of  the  legislators,  the 
necessity  for  a  review  of  the  military 
establishment,  some  better  regulation 
of  the  militia,  and  the  protection  of  the 
aborigines  "  from  the  violence  of  the 

O 

lawless  part  of  our  frontier  inhabi 
tants."  The  Representatives  were  re 
minded  that  much  might  yet  be  done 
respecting  the  debt.  The  mint,  the 
navy,  the  fortifications  of  the  harbors, 
arsenals,  magazines,  etc.,  were  further 


1795. 


370 


FURTHER   TRIALS   OF  THE  ADMINISTRATION. 


|BK.  IV. 


eimmerated,  as  requiring  notice,  and 
lie  concluded  with  these  words  of  wise 
counsel: — "Temperate  discussion  of  the 
important  subjects  which  may  arise  in 
the  course  of  the  session,  and  mutual 
forbearance  when  there  is  difference  of 
opinion,  are  too  obvious  and  necessary 
for  the  peace,  happiness,  and  welfare 
of  our  country,  to  need  any  recom 
mendation  of  mine." 

In  the  Senate,  where  the  federalists 
had  gained  by  the  last  elections,  a  very 
cordial  answer  was  returned  to  the 
president's  speech.  But  in  the  House, 
where  the  republicans  had  increased 
in  strength,  the  answer  to  the  speech 
demonstrated,  that  the  measures  of 
Washington  would  be  subjected  to 
severe  animadversion. 

Early  in  January,  1796,  the  presi 
dent  transmitted  a  message  to  both 
Houses  of  Congress,  accompanying  cer 
tain  communications  from  the  French 


1798. 


government    which   were  well 


calculated  to  cherish  those  ar 
dent  feelings  that  prevailed  in  the  re 
publican  party. 

It  was  the  fortune  of  Mr.  Monroe 
(see  p.  339)  to  reach  Paris  early  in 
August,  1794,  soon  after  the  death  of 
Robespierre.  On  his  reception,  which 
was  in  the  Convention,  he  delivered  to 
the  president  of  that  body,  with  his 
credentials,  two  letters  addressed  by 
the  secretary  of  state  to  the  committee 
of  public  safety. 

So  fervent  were  the  sentiments  ex 
pressed  on  this  occasion,  that  the  con 
vention  decreed  that  the  flags  of  the 
two  republics  should  be  united,  and 
suspended  in  its  own  hall.  To  evince 
the  impression  made  by  this  act,  Mr. 


Monroe  presented  to  the  convention 
the  flag  of  the  United  States,  which  he 
prayed  that  body  to  accept  as  a  proof 
of  the  sensibility  with  which  his  coun 
try  received  every  mark  of  friendship 
from  its  ally. 

In  October,  1*794,  the  committee  of 
safety  again  addressed  a  letter  to  Con 
gress,  in  a  style  of  high-flown  compli 
ment,  and  full  of  ardent  protestations 
of  eternal  friendship  and  union.  M. 
Adet,  who  had  been  appointed  to  suc 
ceed  Fauchet,  was  the  bearer  of  this 
letter,  and  was  "  specially  instructed  to 
tighten  the  bands  of  fraternity  and 
mutual  benevolence,"  between  the  two 
countries.  He  did  not  arrive  in  the 
United  States  until  June,  1795,  and 
was  directed  to  present  to  the  govern 
ment,  the  flag  of  the  republic.  This 
was  not  done,  however,  until  the  1st 
of  January,  1796,  when  it  was,  in  a 
formal  manner,  presented  to  the  presi 
dent,  together  with  the  letter  of  the 
committee  of  public  safety  addressed 
to  Congress.  In  presenting  the  flag, 
M.  Adet,  in  his  address  delivered  on 
the  occasion,  after  stating  that  France 
only  saw  in  the  Americans  "friends 
and  brothers,"  proceeded  to  say:  "  Long 
accustomed  to  regard  the  American 
people  as  her  most  faithful  allies,  she 
has  sought  to  draw  closer  the  ties  al-. 
ready  formed  in  the  fields  of  America, 
under  the  auspices  of  victory,  over  the 
ruins  of  tyranny.  The  National  Con 
vention,  the  organ  of  the  will  of  the 
French  nation,  have  more  than  once  ex 
pressed  their  sentiments  to  the  Ameri 
can  people ;  but  above  all,  these  burst 
forth  on  that  august  day,  when  the 
minister  of  the  United  States  presented 


Ca.  VIII.] 


WASHINGTON   AND   ADET. 


371 


to  the  national  representation  the  colors 
of  his  country.  Desiring  never  to  lose 
recollections  as  dear  to  Frenchmen  as 
they  must  be  to  Americans,  the  Conven 
tion  ordered  that  these  colors  should 
be  placed  in  the  hall  of  their  sittings. 
They  had  experienced  sensations  too 
agreeable  not  to  cause  them  to  be  par 
taken  of  by  their  allies,  and  decreed 
that  to  them  the  national  colors  should 
be  presented." 

To  answer  a  speech  of  this  kind  was 
no  easy  task.  It  was  necessary  to  ex 
press  feelings  adapted  to  the  occasion, 
without  implying  sentiments  respecting 
the  belligerent  powers,  which  the  chief 
magistrate  of  a  neutral  country  could 
not  properly  avow.  The  president,  in 
his  admirable  reply,  kept  both  these 
objects  in  view. 

"  Born,  sir,  in  a  land  of  liberty,"  were 
his  opening  words;  "having  early 
learned  its  value ;  having  en^a^ed  in  a 

O  O     O 

perilous  conflict  to  defend  it ;  having, 
in  a  word,  devoted  the  best  years  of 
my  life  to  secure  its  permanent 
establishment  in  my  own  coun 
try  ;  my  anxious  recollections,  my  sym 
pathetic  feelings,  and  my  best  wishes, 
are  irresistibly  attracted,  whensoever, 
in  any  country,  I  see  an  oppressed  na 
tion  unfurl  the  banners  of  freedom." 
Having  expressed  his  earnest  desire 
that  the  French  republic  might  render 
its  liberties  secure  and  stable  by  the 
supremacy  of  law  and  order,  he  con 
cluded  in  the  following  terms :  "  I  re 
ceive,  sir,  with  lively  sensibility,  the 
symbol  of  the  triumphs  and  of  the  en 
franchisement  of  your  nation,  the  colors 
ot  France,  which  you  have  now  pre 
sented  to  the  United  States.  The 


1796. 


transaction  will  be  announced  to  Con 
gress,  and  the  colors  will  be  deposited 
with  the  archives  of  the  United  States, 
which  are  at  once  the  evidence  and  the 
memorials  of  their  freedom  and  inde 
pendence.  May  these  be  perpetual ! 
and  may  the  friendship  of  the  two  re 
publics  be  commensurate  with  their 
existence !" 

The  address  of  M.  Adet,  the  answer 
of  the  president,  the  colors  of  France, 
and  the  letter  from  the  committee  of 
safety,  were  transmitted  to  Congress 
on  the  4th  of  January. 

In  the  House,  a  resolution  was  passed 
unanimously,  requesting  the  president 
to  make  known  to  the  representatives 
of  the  French  republic,  the  sincere  and 
lively  sensations  which  were  excited  by 
this  honorable  testimony  of  the  exist 
ing  sympathy  and  affection  of  the  two 
republics.  In  the  Senate,  a  resolution 
passed,  expressing  these  sentiments  to 
the  president,  unaccompanied  with  a 
request  to  communicate  them  to  the 
government  of  France. 

Adet  was  not  a  little  offended  be 
cause  the  French  colors  had  not  been 
placed  in  a  conspicuous  position  in  the 
House ;  and  he  had  the  presumption  to 
address  a  note  to  the  president  inform 
ing  him  that  he  could  not  remain  silent 
on  a  circumstance  which  must  make 
all  France  discontented.  That  as  the 
American  flag  was  placed  in  the  hall 
of  the  legislative  body  of  France,  the 
French  flag  should  receive  the  same 
honor.  The  secretary  of  state 
wrote  him,  in  reply,  that  the 
president  was  the  constitutional  organ 
of  communication  with  foreign  nations, 
and  for  this  purpose  was  the  sole  repre- 


372 


FURTHER  TRIALS   OF  THE  ADMINISTRATION. 


[BK.  IV. 


sentative  of  the  American  people ;  that 
he  had  deposited  the  French  flag  with 
the  evidences  and  memorials  of  the 
freedom  and  independence  of  his  own 
country ;  and  that  the  people  of  the 
United  States  did  not  exhibit  in  their 
deliberative  assemblies,  "any  public 
spectacles  or  tokens  of  their  victories, 
the  symbols  of  their  triumphs,  or  the 
monuments  of  their  freedom." 

In  February,  the  treaty  with  Great 
Britain  was  returned,  ratified  by  his 
Britannic  majesty.  In  accordance  with 
his  constitutional  prerogative,  the  presi 
dent  issued  a  proclamation,  requiring 
the  exact  observance  of  the  provisions 
of  the  treaty  by  all  persons ;  a  copy  of 
which  was  transmitted  to  each  House 
on  the  1st  of  March. 

The  opposition  in  the  House,  looking 
with  disapprobation  upon  this  conduct 
of  the  president,  were  ready  to  venture 
upon  an  attack  upon  the  government 
and  the  treaty  which  had  now  assumed 
the  obligation  of  law.  On  the  7th  of 
March,  Mr.  Livingston,  of  New  York, 
moved  a  resolution,*  requesting  the 
president  u  to  lay  before  the  House,  a 
copy  of  the  instructions  to  the  minister 
of  the  United  States  who  negotiated 
the  treaty  with  the  king  of  Great 
Britain,  communicated  by  his  message 
of  the  1st  of  March,  together 

i  O 

with  the  correspondence,  and 
other  documents  relative  to  the  said 
treaty."  This  immediately  brought  up 


*  For  full  and  exact  information  on  this  subject,  in 
its  various  ramifications^  the  student  must  consult  the 
printed  "Debates  on  the  British  Treaty."  Senator 
Bcnton  has  presented  a  fair  abstract  in  his  "  Abridge 
ment  of  the  Debates  of  Congress"  vol.  i.,  pp.  639-754. 


179G. 


the  question  as  to  where  the  treaty- 
making  power  was  constitutionally 
lodged,  and  what  was  the  duty  of  the 
House  under  the  existing  circumstances. 

It  was  a  question  not  without  its  dif 
ficulties,  and  by  no  means  so  easy  of 
settlement  as  might  at  first  sight  ap 
pear.  The  ablest  men  in  the  House 
engaged  in  the  discussion,  and  for  three 
weeks,  Madison,  Gallatin,  Giles,  and 
others,  on  the  one  hand,  and  Smith  of 
South  Carolina,  Hillhouse,  Harper,  and 
such  like  on  the  other,  exerted  their 
utmost  efforts  to  secure,  or  to  prevent, 
the  passage  of  Mi*.  Livingston's  resolu 
tion,  and  to  establish  the  true  connec 
tion  of  the  House  with  the  power  of 
making  treaties. 

The  opposition  contended,  that  this 
power,  if  applicable  to  every  object, 
conflicted  with  powers  which  were 
vested  exclusively  in  Congress.  That 
it  must  be  so  limited  as  not  to  touch 
these  objects,  or  the  assent  and  co 
operation  of  the  House  of  Representa 
tives  must  be  required  to  the  validity 
of  any  compact,  so  far  as  it  might  com 
prehend  them.  A  treaty,  therefore,  so 
far  as  it  required  an  act  of  Congress  to 
carry  it  into  effect,  had  no  obligatory 
force  until  the  House  of  Representa 
tives  had  acted  on  it.  They  were  at 
liberty  to  withhold  such  law  without 
incurring  the  imputation  of  violating 
any  existing  obligation,  or  of  breaking 
the  faith  of  the  nation. 

The  friends  of  the  administration 
maintained,  on  the  other  hand,  that 
the  Constitution  clearly  declared,  that 
the  president,  by  and  with  the  advice 
and  consent  of  the  Senate,  had  the 
power  to  make  treaties,  and  that  a 


CH.  VIII.] 


WASHINGTON   REFUSES  THE   CALL  FOR   PAPERS. 


373 


1796. 


treaty  was  complete  and  perfected 
when  it  had  been  so  made.  Its  obli 
gation  then  became  absolute  on  the 
United  States,  and  to  refuse  to  comply 
with  its  stipulations  was  to  break  the 
treaty,  and  to  violate  the  pledged  faith 
of  the  nation. 

After  an  animated  and  keenly  con 
tested  debate,  the  resolution  was  adopt 
ed,  by  a  vote  of  sixty-two  to  thirty- 
seven. 

When  the  resolution  was  presented 
to  the  president,  he  replied,  "  that  he 
would  take  time  to  consider  it." 
His  situation  was  peculiarly  del 
icate  ;  the  passions  of  the  people  were 
strongly  excited  against  the  treaty ;  the 
popularity  of  the  demand,  which  pro 
fessed  to  be  solely  for  information ;  the 
large  majority  by  which  the  vote  was 
carried;  the  suspicions  which  would  pro 
bably  attach,  in  case  of  refusal,  that  cir 
cumstances  had  occurred  in  the  course 
of  the  negotiation  which  the  president 
was  afraid  to  publish,  added  to  other 
weighty  considerations,  might  well  have 
inclined  him  to  yield  to  the  demand  of 
the  House.  But  DUTY,  in  Washington's 
view,  was  paramount  to  all  other  things. 
He  had  sworn  to  "preserve,  protect, 
and  defend  the  Constitution;"  and  as, 
in  his  deliberate  conviction,  the  treaty- 
making  power  resided  exclusively  in 
the  president,  by  and  with  the  advice 
and  consent  of  the  Senate,  he  address 
ed,  on  the  30th  of  March,  a  message  to 
the  House,  in  which  he  temperately 
but  positively  refused  to  accede  to 
their  call  for  executive  papers. 

As  might  have  been  expected,  the 
opposition  party  received  this  answer 
of  the  president  with  very  ill  grace,  and 
VOL.  II.— 47 


1796. 


whatever  personal  considerations  may 
have  hitherto  had  effect  upon  some  of 
the  leaders  of  the  republican  party, 
in  respect  to  the  president,  they  seemed 
now  ready  to  cast  them  to  the  winds, 
and  to  give  full  rein  to  the  ardent  de 
sires  which  they  entertained  to  break 
down  the  federal  administration.* 
Washington's  message  was  referred  to 
a  committee  of  the  whole  House ;  it 
was  freely  and  sharply  criticized ;  and 
on  the  *7th  of  April  resolutions 
were  adopted,  by  a  vote  of 
fifty-seven  to  thirty-five,  declaring  the 
sense  of  the  House  on  this  matter,  and 
claiming  a  right  to  deliberate  on  the 
expediency  of  carrying  into  execution 
stipulations  made  by  treaty  on  subjects 
confided  by  the  Constitution  to  Con 
gress. 

In  the  course  of  the  month  of  March, 
the  treaties  with  the  king  of  Spain 
and  with  the  dey  of  Algiers,  were  rati 
fied  by  the  president,  and  were  laid 
before  Congress.  On  the  13th  of  April, 


*  Mr.  Gibbs  (vol.  i.,  pp.  328,  29)  indulges  in  some 
very  severe  remarks  upon  Madison's  position  and 
conduct,  which  the  reader  will  do  well  to  contrast 
with  the  high  terms  of  laudation  which  John  Quincy 
Adams  uses,  in  his  Life  of  the  fourth  President  of 
the  United  States.  Mr.  Gibbs  says,  that  the  federal 
contemporaries  of  Madison  "  saw  in  him  one  doubly 
guilty,  because  sinning  against  the  light  that  was  in 
him ;  twice  culpable,  because  untrue  to  his  real  con 
victions.  They  saw  in  him  the  renegade  to  his  party 
and  his  faith,  the  man  who,  having  grown  to  mature 
age,  and  gained  his  first  laurels  in  their  ranks,  aban 
doned  his  principles,  and  surrendered  his  indepen 
dence  to  the  will  of  another,  and  united  his  talents 
and  his  influence  to  break  down  the  system  he  had 

aided  in  establishing His  course  in  regard  to 

the  British  treaty  set  the  seal  upon  his  apostasy;  and 
lost  him  the  remaining  confidence  of  Washington,  and 
the  friendship  of  those  who  had  hoped  for  better 
things.  Thenceforward  the  anti-federalists  had  no 
more  ardent  or  more  unscrupulous  champion." 


374 


FURTHER  TRIALS   OF    THE   ADMINISTRATION. 


[BK.  IV. 


Mr.  Sedgwick  moved,  "that  provision 
ought  to  be  made  by  law  for  carrying 
into  effect  with  good  faith,  the  treaties 
lately  concluded  with  the  dey  and  re 
gency  of  Algiers,  the  king  of  Great 
Britain,  the  king  of  Spain,  and  certain 
Indian  tribes  north-west  of  the  Ohio." 
After  much  altercation  on  the  subject 
of  thus  joining  all  these  treaties  to 
gether,  a  division  was  made,  and  the 
question  taken  on  each.  The  resolu 
tion  was  amended  by  a.  majority  of 
eighteen,  so  as  to  read,  "  that  it  is  ex 
pedient  to  pass  the  laws  necessary  for 
carrying  into  effect,"  etc. 

The  subject  of  the  British  treaty  was 
taken  up  on  the  15th  of  April.  Its 
friends  urged  an  immediate  decision  of 
the  question,  alleging  that  every  mem 
ber  had  made  up  his  mind  already,  and 
that  dispatch  was  necessary,  in  case  the 
treaty  was  to  be  carried  into  effect.  The 
posts  were  to  be  delivered  up  on  the 
1st  of  June,  and  this  required  previous 
arrangements  on  the  part  of  the  Amer 
ican  government.  They  appear  to  have 
entertained  the  opinion,  that  the  major 
ity  would  not  dare  to  encounter  the 
immense  responsibility  of  breaking  the 
treaty,  without  previously  ascertaining 
that  the  great  body  of  the  people  were 
willing  to  meet  the  consequences  of  the 
measure.  But  its  opponents,  though 
confident  of  their  power  to  reject  the 
resolution,  called  for  its  discussion. 

The  minority  soon  desisted  from 
urging  an  immediate  decision  of  the 
question ;  and  the  spacious  field  which 
was  opened  by  the  propositions  before 
the  House,  was  entered  into  with' equal 
avidity  and  zeal  by  both  parties.  Gal- 
latin,  Madison,  Giles,  Nicholas,  Preston, 


and  other  eminent  members  of  the  re 
publican  party,  in  animated  terms  op 
posed  the  execution  of  the  treaty,  and 
entered  fully  into  the  discussion  of  its 
merits  and  demerits.  Fisher  Ames, 
D wight,  Foster,  Harper,  Lyman,  Day 
ton,  and  other  men  of  note  among  the 
federalists,  urged  every  possible  argu 
ment  in  its  favor.  "  The  debate,"  as  has 
been  well  said,  "necessarily  took  the 
widest  range.  Europe — the  belligerents 
—the  character  of  the  war — our  condi 
tion — inevitable  consequences — discus 
sion  amongst  the  branches  of  govern 
ment — popular  enthusiasm — interest — 
duty — honor — inflamed  party  spirit — 
war — means  wholly  inadequate — con 
fusion  and  anarchy — all  figure  in  this 
memorable  debate,  and  with  the  full 
glow  of  party  excitement,  which  seemed 
to  have  been  gathering  from  the  first 
institution  of  the  government,  to  storm 
forth  on  this  occasion." 

The  objections  of  those  opposed  to 
carrying  the  treaty  into  effect  were, 
generally,  that  it  wanted  reciprocity ; 
that  it  gave  up  all  claim  of  compensa 
tion  for  negroes  carried  away  contrary 
to  the  treaty  of  peace,  and  for  the  de 
tention  of  tlie  western  posts ;  that  it 
contravened  the  French  treaty,  and 
sacrificed  the  interest  of  an  ally  to  that 
of  Great  Britain ;  that  it  gave  up,  in 
several  important  instances,  the  law  of 
nations,  particularly  in  relation  to  free 
ships  making  free  goods,  cases  of  block 
ade,  and  contraband  of  war ;  that  it  im 
properly  interfered  with  the  legislative 
powers  of  Congress,  especially  by  pro 
hibiting  the  sequestration  of  debts ; 
and  that  the  commercial  part  gave  few 
if  any  advantages  to  the  United  States. 


CH. 


SPEECHES   ON  THE  BRITISH  TREATY. 


375 


On  the  other  hand,  it  was  urged, 
that  the  treaty  had  been  constitutionally 
made  and  promulgated ;  that  a  regard 
to  public  faith,  and  the  best  interests 
of  the  country,  under  all  circumstances, 
required  it  should  be  carried  into  effect, 
although  not,  in  all  respects,  perfectly 
satisfactory ;  that  it  settled  disputes  be 
tween  the  two  governments,  of  a  long 
standing,  of  a  very  interesting  nature, 
and  which  it  was  particularly  impor 
tant  for  the  United  States  to  biin<?  to  a 

O 

close  ;  that  provision  also  was  made  for 
a  settlement  of  those  of  more  recent 
date,  not  less  affecting  the  sensibility 
as  well  as  honor  of  the  country,  and  in 
which  the  commercial  part  of  the  com 
munity  had  a  deep  interest ;  that  in  no 
case  had  the  law  of  nations  been  given 
up ;  that  the  question  as  to  provisions 
being  contraband,  although  not  settled, 
was  left  as  before  the  treaty ;  and  that 
the  conventional  rights  of  France  were 
saved  by  an  express  clause.  As  to 
the  sequestration  of  private  debts,  it 
was  said,  this  was  contrary  to  every 
principle  of  morality  and  good  faith, 
and  ought  never  to  take  place ;  that 
the  commercial  part  would,  probably, 
be  mutually  beneficial,  was  a  matter  of 
experiment,  and  was  to  continue  only 
two  years  after  the  close  of  the  war  in 
Europe ;  that,  in  fine,  on  the  part  of 
the  United  States,  the  only  choice  left 
was,  treaty  or  war. 

A  bare  abstract,  like  the  above,  can 
give  no  adequate  idea  of  the  force  and 
eloquence  of  the  speeches  delivered  on 
this  great  occasion.  Madison  and  Gal- 
latin,  on  the  one  side,  sustained  their 
well-earned  reputation  as  able  debaters 
and  advocates  of  the  republican  views ; 


but  there  was  no  speech  of  such  sur 
passing  power  and  eloquence  as  that 
of  Fisher  Ames,  which  was  delivered 
on  the  28th  of  April,  just  at  the  close 
of  the  debate.  Its  effect  was  wonder 
ful,  and  the  House  adjourned  before 
taking  the  question,  fearful  of  the 
consequences  of  the  great  orator's  im 
passioned  appeals.  We  give,  in  the 
Appendix  to  the  present  chapter,  some 
extracts  from  this  famous  speech. 

The  delay  occasioned  by  these  de 
bates  was,  no  doubt,  favorable  to  the 
final  settlement  of  the  question.  It 
gave  time  for  reflection  among  those 
opposed,  and  also  afforded  an  oppor 
tunity  for  others,  who  had  hitherto 
been  silent,  willing  to  leave  the  decis 
ion  with  the  constituted  authorities, 
to  express  their  sentiments.  The  great 
mass  of  the  people  began  seriously  to 
reflect  on  the  consequences  of  rejecting 
the  treaty ;  nor  could  they  be  induced 
to  believe,  that  the  president,  who  had 
once  saved  his  country  from  the 
tyranny  of  Great  Britain,  had 
now  sacrificed  its  best  interests  to  the 
same  power.  During  the  discussion, 
therefore,  numerous  petitions  were  pre 
sented  to  the  House  from  different 
parts  of  the  Union,  praying  that  the 
treaty  might  be  carried  into  effect. 
This  changed  a  few  of  the  votes,  if  it 
did  not  effect  a  change  in  the  opinions 
of  some  of  the  members. 

On  the  29th  of  April,  the  question 
was  taken  in  committee  of  the  whole, 
and  was  determined,  by  the  casting  vote 
of  the  chairman,  in  favor  of  passing  the 
necessary  laws.  The  resolution  was 
finally  carried  in  the  House  by  a  vote 
of  fifty-one  to  forty-eight. 


1796. 


376 


APPENDIX  TO   CHAPTER   VIII. 


[BK.    [V. 


Beside  the  acts  which  arose  out  of 
the  treaties,  Congress  passed  others, 
regulating  the  dealings  of  the  inhabi 
tants  of  the  western  frontier  with  the 
Indians ;  authorizing  the  survey  of  cer 
tain  public  lands  with  a  view  to  the 
sale  of  them ;  ordaining  measures  for 
the  protection  and  relief  of  American 
seamen  ;  and  equalizing  the  pay  of 
members  of  both  Houses  of  Congress. 
There  were  some  $6,000,000,  which 
was  not  quite  the  full  amount  of  the 
income,  appropriated  to  the  public  ser 
vice,  and  the  interest  of  the  debt.  But 
there  were  so  many  other  demands 
upon  the  treasury,  that,  after  vainly 
endeavoring  to  obtain  another  loan, 
part  of  the  bank  stock  was  sold,  a  pro 
cedure  which  was  reprobated  by  Ham 
ilton  as  a  violation  of  system.  The 
opposition  party  would  not  agree  to 
raise  further  revenue  by  indirect  inter 


nal  taxation,  and  only  that  augmenting 
the  duty  on  pleasure  carriages  was 
passed  into  a  law.  Equally  strenuous 
was  their  opposition  to  a  naval  force. 
Even  under  the  pressure  of  the  Alge- 
rine  piracies,  the  bill  providing  a  decent 
naval  force  in  the  Mediterranean,  could 
not  be  carried  through  the  House  with 
out  inserting  a  section  which  should 
suspend  all  proceedings  under  the  act, 
in  case  the  contest  with  Algiers  was 
brought  to  end.  That  event  having 

O  ~ 

occurred,  not  a  single  frigate  could  be 
completed  without  further  authority 
from  the  legislature.  Although  no 

O  O 

peace  had  been  concluded  with  Tunis 
or  Tripoli,  it  was  with  the  utmost  diffi 
culty  that  a  bill  for  the  completion  of 
three,  instead  of  six  frigates,  could  be 
carried.  On  the  1st  of  June,  this  long 
and  important  session  of  Congress  was 
brought  to  its  close. 


APPENDIX    TO     CHAPTER     VIII, 


FISHER  AMES'S  SPEECH   ON  THE   BRITISH 
TREATY. 

MR.  CHAIRMAN  : — I  entertain  the  hope,  perhaps 
a  rash  one,  that  my  strength  will  hold  me  out  to 

speak  a  few  minutes If  the  House 

will  not  concur  in  the  measure  to  execute  the 
treaty,  what  other  course  shall  we  take  1  How 
many  ways  of  proceeding  lie  open  before  us? 

In  the  nature  of  things  there  are  but  three ;  we 
are  either  to  make  the  treaty,  to  observe  it,  or 
break  it.  It  would  be  absurd  to  say  we  will  do 
neither.  If  I  may  repeat  a  phrase  already  so 
much  abused,  we  are  under  coercion  to  do  one  of 
them,  and  we  have  no  power,  by  the  exercise  of 


our  discretion,  to  prevent  the  consequences  of  a 
choice. 

By  refusing  to  act,  we  choose.  The  treaty  will 
be  broken  and  fall  to  the  ground.  Where  is  the 
fitness,  then,  of  replying  to  those  who  urge  upon 
the  House  the  topics  of  duty  and  policy,  that  they 
attempt  to  force  the  treaty  down,  and  to  compel 
this  assembly  to  renounce  its  discretion  and  to 
degrade  itself  to  the  rank  of  a  blind  and  passive 
instrument  in  the  hands  of  the  treaty-making 
power]  In  case  we  reject  the  appropriation,  \ve 
do  not  secure  any  greater  liberty  of  action,  we 
gain  no  safer  shelter  than  before  from  the  conse 
quences  of  the  decision.  Indeed  they  are  not  to 


CH.  V1II.J 


AMES'S  SPEECH   ON  THE   BRITISH   TREATY. 


377 


be  evaded.  It  is  neither  just  nor  manly  to  com 
plain  that  the  treaty-making  power  has  produced 
this  coercion  to  act.  It  is  not  the  art  or  the  des 
potism  of  that  power,  it  is  the  nature  of  things 
that  compels.  Shall  we,  dreading  to  become  the 
blind  instruments  of  power,  yield  ourselves  the 
blinder  dupes  of  mere  sounds  of  imposture?  Yet 
that  word,  that  empty  word,  coercion,  has  given 
scope  to  an  eloquence,  that,  one  would  imagine, 
could  not  be  tired,  and  did  not  choose  to  be  qui 
eted. 

Let  us  examine  still  more  in  detail  the  alterna 
tives  that  are  before  us,  and  we  shall  scarcely  fail 
to  see,  in  still  stronger  lights,  the  futility  of  our 
apprehensions  for  the  power  and  liberty  of  the 
House. 

If,  as  some  have  suggested,  the  thing  called  a 
treaty,  is  incomplete,  if  it  has  no  binding  force  or 
obligation,  the  first  question  is,  will  this  House 
complete  the  instrument,  and,  by  concurring,  im 
part  to  it  that  force  which  it  wants. 

The  doctrine  has  been  avowed,  that  the  treaty, 
though  formally  ratified  by  the  executive  power 
of  both  nations,  though  published  as  a  law  for  our 
own  by  the  president's  proclamation,  is  still  a 
mere  proposition  submitted  to  this  assembly,  no 
way  distinguishable  in  point  of  authority  or  obli 
gation,  from  a  motion  for  leave  to  bring  in  a  bill, 
or  any  other  original  act  of  ordinary  legislation. 
This  doctrine,  so  novel  in  our  country,  yet  so  dear 
to  many,  precisely  for  the  reason,  that  in  the  con 
tention  for  power,  victory  is  always  dear,  is  ob 
viously  repugnant  to  the  very  terms  as  well  as 
the  fair  interpretation  of  our  own  resolutions — 
(Mr.  Blount's.)  We  declare  that  the  treaty- 
making  power  is  exclusively  vested  in  the  presi 
dent  and  Senate,  and  not  in  this  House.  Need  I 
say,  that  we  fly  in  the  face  of  that  resolution 
when  we  pretend,  that  the  acts  of  that  power  are 
not  valid  until  we  have  concurred  in  them  ?  It 
would  be  nonsense,  or  worse,  to  use  the  language 
of  the  most  glaring  contradiction,  and  to  claim  a 
share  in  a  power,  which  we  at  the  same  time  dis 
claim  as  exclusively  vested  in  other  departments. 

What  can  be  more  strange  than  to  say,  that 
the  compacts  of  the  president  and  Senate  with 
foreign  nations  are  treaties,  without  our  agency, 
and  yet  those  compacts  want  all  power  and  obli 
gation,  until  they  are  sanctioned  by  our  concur 
rence  ?  It  is  not  my  design  in  this  place,  if  at 


all,  to  go  into  the  discussion  of  this  part  of  the 
subject.  I  will,  at  least  for  the  present,  take  it 
for  granted,  that  this  monstrous  opinion  stands  in 
little  need  of  remark,  and  if  it  does,  lies  almost 
out  of  the  reach  of  refutation. 

But,  say  those  who  hide  the  absurdity  under 
the  cover  of  ambiguous  phrases,  have  we  no  dis 
cretion  ?  and  if  we  have,  are  we  not  to  make 
use  of  it  in  judging  of  the  expediency  or  inexpe 
diency  of  the  treaty  ?  Our  resolution  claims  that 
privilege,  and  we  cannot  surrender  it  without 
equal  inconsistency  and  breach  of  duty. 

If  there  be  any  inconsistency  in  the  case,  it  lies, 
not  in  making  the  appropriations  for  the  treaty, 
but  in  the  resolution  itself — (Mr.  Blount's.)  Let 
us  examine  it  more  nearly.  A  treaty  is  a  bar 
gain  between  nations,  binding  in  good  faith  ;  and 
what  makes  a  bargain  1  The  assent  of  the  con 
tracting  parties.  We  allow  that  the  treaty  power 
is  not  in  this  House ;  this  House  has  no  share  in 
contracting,  and  is  not  a  party :  of  consequence, 
the  president  and  Senate  alone,  may  make  a  treaty 
that  is  binding  in  good  faith.  We  claim,"  how 
ever,  say  the  gentlemen,  a  right  to  judge  of  the 
expediency  of  treaties ;  that  is  the  constitutional 
province  of  our  discretion.  Be  it  so.  What  fol 
lows  1  Treaties,  when  adjudged  by  us  to  be  in 
expedient,  fall  to  the  ground,  and  the  public  faith 
is  not  hurt.  This,  incredible  and  extravagant  as 
it  may  seem,  is  asserted.  The  amount  of  it,  in 
plainer  language,  is  this — the  president  and  Senate 
are  to  make  national  bargains,  and  this  House  has 
nothing  to  do  in  making  them.  But  bad  bargains 
do  not  bind  this  House,  and,  of  inevitable  conse 
quence,  do  not  bind  the  nation.  When  a  national 
bargain,  called  a  treaty,  is  made,  its  binding  force 
does  not  depend  upon  the  making,  but  upon  our 
opinion  that  it  is  good.  As  our  opinion  on  the 
matter  can  be  known  and  declared  only  by  our 
selves,  when  sitting  in  our  legislative  capacity, 
the  treaty,  though  ratified,  and,  as  we  choose  to 
term  it,  made,  is  hung  up  in  suspense  till  our 
sense  is  ascertained.  We  condemn  the  bargain, 
and  it  falls,  though,  as  we  say,  our  faith  does  not. 
We  approve  a  bargain  as  expedient,  and  it  stands 
firm,  and  binds  the  nation.  Yet,  even  in  this  lat 
ter  case,  its  force  is  plainly  not  derived  from  the 
ratification  by  the  treaty-making  power,  but  from 
our  approbation.  Who  will  trace  these  infer 
ences,  and  pretend  that  we  have  no  share,  accord- 


378 


APPENDIX  TO   CHAPTER  VIII. 


[BK.  IV. 


ing  to  the  argument,  in  the  treaty -making  power  ? 
Those  opinions,  nevertheless,  have  been  advoca 
ted  with  infinite  zeal  and  perseverance.  Is  it 
possible  that  any  man  can  be  hardy  enough  to 
avow  them,  and  their  ridiculous  consequences  ? 

Let  me  hasten  to  suppose  the  treaty  is  consid 
ered  as  already  made,  and  then  the  alternative  is 
fairly  presented  to  the  mind,  whether  we  will  ob 
serve  the  treaty  or  break  it.  This,  in  fact,  is  the 
naked  question. 

If  we  choose  to  observe  it  with  good  faith,  our 
course  is  obvious.  Whatever  is  stipulated  to  be 
done  by  the  nation,  must  be  complied  with.  Our 
agency,  if  it  should  be  requisite,  cannot  be  prop 
erly  refused.  And  I  do  not  see  why  it  is  not  as 
obligatory  a  rule  of  conduct  for  the  legislative  as 
for  the  courts  of  law. 

I  cannot  lose  this  opportunity  to  remark,  that 
the  coercion,  so  much  dreaded  and  declaimed 
against,  appears  at  length  to  be  no  more  than  the 
authority  of  principles,  the  despotism  of  duty. 
Gentlemen  complain  we  are  forced  to  act  in  this 
way,  we  are  forced  to  swallow  the  treaty.  It  is 
very  true,  unless  we  claim  the  liberty  of  abuse, 
the  right  to  act  as  we  ought  not.  There  is  but 
one  right  way  open  for  us,  the  laws  of  morality 
and  good  faith  have  fenced  up  every  other.  What 
sort  of  liberty  is  that,  which  we  presume  to  exer 
cise  against  the  authority  of  those  laws  ?  It  is  for 
tyrants  to  complain  that  principles  are  restraints, 
and  that  they  have  no  liberty  so  long  as  their  des 
potism  has  limits.  These  principles  will  be  un 
folded  by  examining  the  remaining  question  : 

SHALL  WE  BREAK  THE  TREATY  ? 

The  treaty  is  bad,  fatally  bad,  is  the  cry.  It 
sacrifices  the  interest,  the  honor,  the  independ 
ence  of  the  United  States,  and  the  faith  of  our  en 
gagements  to  France.  If  we  listen  to  the  clamor 
of  party  intemperance,  the  evils  are  of  a  number 
not  to  be  counted,  and  of  a  nature  not  to  be 
borne,  even  in  idea.  The  language  of  passion 
and  exaggeration  may  silence  that  of  sober  rea 
son  in  other  places;  it  has  not  done  it  here. 
The  question  here  is,  whether  the  treaty  be  really 
so  very  fatal  as  to  oblige  the  nation  to  break  its 
faith.  I  admit  that  such  a  treaty  ought  not  to  be 
executed.  I  admit  that  self-preservation  is  the 
first  law  of  society,  as  well  as  of  individuals.  It 
would,  perhaps,  be  deemed  an  abuse  of  terms  to 
call  that  a  treaty  which  violates  such  a  principle. 


I  waive,  also,  for  the  present,  any  inquiry,  what 
departments  shall  represent  the  nation,  and  annul 
the  stipulations  of  a  treaty.  I  content  myself 
with  pursuing  the  inquiry,  whether  the  nature  of 
this  compact  be  such  as  to  justify  our  refusal  to 
carry  it  into  effect.  A  treaty  is  the  promise  of  a 
nation.  Now,  promises  do  not  always  bind  him 
that  makes  them. 

But  I  lay  down  two  rules,  which  ought  to  guide 
us  in  this  case.  The  treaty  must  appear  to  be 
bad,  not  merely  in  the  petty  details,  but  in  its 
character,  principle  and  mass.  And  in  the  next 
place,  this  ought  to  be  ascertained  by  the  decided 
and  general  concurrence  of  the  enlightened  pub 
lic.  I  confess  there  seems  to  me  something  very 
like  ridicule  thrown  over  the  debate  by  the  dis 
cussion  of  the  articles  in  detail. 

The  undecided  point  is,  shall  we  break  our 
faith  ?  And,  while  our  country  and  enlightened 
Europe  await  the  issue  with  more  than  curiosity, 
we  are  employed  to  gather  piecemeal,  and  article 
by  article,  from  the  instrument,  a  justification  for 
the  deed  by  trivial  calculations  of  commercial 
profit  and  loss.  This  is  little  worthy  of  the  sub 
ject,  of  this  body,  or  of  the  nation.  If  the  treaty 
is  bad,  it  will  appear  to  be  so  in  its  mass.  Evil 
to  a  fatal  extreme,  if  that  be  its  tendency,  requires 
no  proof ;  it  brings  it.  Extremes  speak  for  them- 
selves  and  make  their  own  law.  What  if  the  di 
rect  voyage  of  American  ships  to  Jamaica  with 
horses  or  lumber,  might  net  one  or  two  per 
centum  more  than  the  present  trade  to  Surinam ; 
would  the  proof  of  the  fact  avail  any  thing  in  so 
grave  a  question  as  the  violation  of  the  public  en 
gagements  ? 

It  is  in  vain  to  allege,  that  our  faith,  plighted 
to  France,  is  violated  by  this  new  treaty.  Our 
prior  treaties  are  expressly  saved  from  the  oper 
ation  of  the  British  treaty.  And  what  do  those 
mean  who  say,  that  our  honor  was  forfeited  by 
treating  at  all,  and  especially  by  such  a  treaty  ? 
Justice,  the  laws  and  practice  of  nations,  a  just 
regard  for  peace  as  a  duty  to  mankind,  and  the 
known  wish  of  our  citizens,  as  well  as  that  self- 
respect  which  required  it  of  the  nation  to  act  with 
dignity  and  moderation,  all  these  forbade  an  ap 
peal  to  arms,  before  we  had  tried  the  effect  of  ne 
gotiation.  The  honor  of  the  United  States  was 
saved,  not  forfeited,  by  treating.  The  treaty  it 
self,  by  its  stipulations  for  the  posts,  for  indeni- 


CH.  VIII.] 


AMES'S  SPEECH   ON  THE  BRITISH  TREATY. 


371) 


nity,  and  for  a  due  observation  of  our  neutral 
rights,  has  justly  raised  the  character  of  the  nation. 
Never  did  the  name  of  America  appear  in  Europe 
with  more  lustre  than  upon  the  event  of  ratifying 
this  instrument.  The  fact  is  of  a  nature  to  over 
come  all  contradiction. 

I  shall  be  asked,  why  a  treaty  so  good  in  some 
articles,  and  so  harmless  in  others,  has  met  with 
such  unrelenting  opposition  ;  and  how  the  clam 
ors  against  it  from  New  Hampshire  to  Georgia, 
can  be  accounted  for  1  The  apprehensions  so  ex 
tensively  diffused,  on  its  first  publication,  will  be 
vouched  as  proof,  that  the  treaty  is  bad,  and  that 
the  people  hold  it  in  abhorrence. 

I  am  not  embarrassed  to  find  the  answer  to 
this  insinuation.  Certainly  a  foresight  of  its  per 
nicious  operation,  could  not  have  created  all  the 
fears  that  wrere  felt  or  affected.  The  alarm  spread 
faster  than  the  publication  of  the  treaty.  There 
were  more  critics  than  readers.  Besides,  as  the 
subject  was  examined,  those  fears  have  subsided. 

The  movements  of  passion  are  quicker  than 
those  of  the  understanding.  We  are  to  search 
for  the  causes  of  first  impressions,  not  in  the  ar 
ticles  of  this  obnoxious  and  misrepresented  in 
strument,  but  in  the  state  of  the  public  feeling. 

The  fervor  of  the  Revolutionary  war  had  not  en 
tirely  cooled,  nor  its  controversies  ceased,  before 
the  sensibilities  of  our  citizens  were  quickened 
with  a  tenfold  vivacity,  by  a  new  and  extraordi 
nary  subject  of  irritation.  One  of  the  two  great 
nations  of  Europe  underwent  a  change  which  has 
attracted  all  our  wonder,  and  interested  all  our 
sympathies.  Whatever  they  did,  the  zeal  of 
many  went  with  them,  and  often  went  to  excess. 
These  impressions  met  with  much  to  inflame,  and 
nothing  to  restrain  them.  In  our  newspapers,  in 
our  feasts,  and  some  of  our  elections,  enthusiasm 
was  admitted  a  merit,  a  test  of  patriotism,  and 
that  made  it  contagious.  In  the  opinion  of  party, 
we  could  not  love  or  hate  enough.  I  dare  say,  in 
spite  of  all  the  obloquy  it  may  provoke,  we  were 
extravagant  in  both.  It  is  my  right  to  avow  that 
passions  so  impetuous,  enthusiasm  so  wild,  could 
not  subsist  without  disturbing  the  sober  exercise 
of  reason,  without  putting  at  risk  the  peace  and 
precious  interests  of  our  country.  They  were 
hazarded.  I  will  not  exhaust  the  little  breath  I 
have  left,  to  say  how  much,  nor  by  whom,  or  by 


what  means  they  were  rescued  from  the  sacrifice. 
Shall  I  be  called  upon  to  offer  my  proofs'?  They 
are  here,  they  are  everywhere.  No  one  has  for 
gotten  the  proceedings  of  1794.  No  one  has  for 
gotten  the  captures  of  our  vessels,  and  the  immi 
nent  danger  of  war.  The  nation  thirsted  not 
merely  for  reparation,  but  vengeance.  Suffering 
such  wrongs,  and  agitated  by  such  resentments, 
was  it  in  the  power  of  any  words  of  compact,  or 
could  any  parchment  with  its  seals  prevail  at  once, 
to  tranquillize  the  people?  It  was  impossible. 
Treaties  in  England  are  seldom  popular,  and  least 
of  all  when  the  stipulations  of  amity  succeed  to 
the  bitterness  of  hatred.  Even  the  best  treaty, 
though  nothing  be  refused,  will  choke  resentment, 
but  not  satisfy  it.  Every  treaty  is  as  sure  to 
disappoint  extravagant  expectations  as  to  disarm 
extravagant  passions.  Of  the  latter,  hatred  is 
one  that  takes  no  bribes.  They  who  are  ani 
mated  by  the  spirit  of  revenge,  will  not  be  qui 
eted  by  the  possibility  of  profit. 

Why  do  they  complain,  that  the  West  Indies 
are  not  laid  open?  Why  do  they  lament,  that 
any  restriction  is  stipulated  on  the  commerce  of 
the  East  Indies  ?  Why  do  they  pretend,  that  if 
they  reject  this,  and  insist  upon  more,  more  will 
be  accomplished?  Let  us  be  explicit — more 
would  not  satisfy.  If  all  was  granted,  would  not 
a  treaty  of  amity  with  Great  Britain  still  be  ob 
noxious  ?  Have  we  not  this  instant  heard  it 
urged  against  our  envoy,  that  he  was  not  ar 
dent  enough  in  his  hatred  of  Great  Britain  ?  A 
treaty  of  amity  is  condemned  because  it  was  not 
made  by  a  foe,  and  in  the  spirit  of  one.  The  same 
gentleman,  at  the  same  instant,  repeats  a  very 
prevailing  objection,  that  no  treaty  should  be 
made  with  the  enemy  of  France.  No  treaty,  ex 
claim  others,  should  be  made  with  a  monarch  or 
a  despot:  there  will  be  no  naval  security  while 
those  sea-robbers  domineer  on  the  ocean  :  their 
den  must  be  destroyed  :  that  nation  must  be  ex 
tirpated. 

I  like  this,  sir,  because  it  is  sincerity.  With 
feelings  such  as  these,  we  do  not  pant  for  treaties. 
Such  passions  seek  nothing,  and  will  be  content 
with  nothing,  but  the  destruction  of  their  object. 
If  a  treaty  left  king  George  his  island,  it  would 
not  answer  ;  not  if  he  stipulated  to  pay  rent  for 
it.  It  has  been  said,  the  world  ought  to  rejoice 
if  Britain  was  sunk  in  the  sea ;  if  where  there  are 


380 


APPENDIX  TO  CHAPTER  VIII. 


[BK.  IV. 


now  men,  and  wealth,  and  laws,  and  liberty,  there 
was  no  more  than  a  sand-bank  for  the  sea-mon 
sters  to  fatten  on — a  space  for  the  storms  of  the 
ocean  to  mingle  in  conflict. 

I  object  nothing  to  the  good  sense  or  humanity 
of  all  this.  I  yield  the  point,  that  this  is  a  proof 
that  the  age  of  reason  is  in  progress.  Let  it  be 
philanthropy,  let  it  be  patriotism,  if  you  will,  but 
it  is  no  indication  that  any  treaty  would  be  ap 
proved.  The  difficulty  is  not  to  overcome  the 
objections  to  the  terms  ;  it  is  to  restrain  the  repug 
nance  to  any  stipulations  of  amity  with  the  party. 

Having  alluded  to  the  rival  of  Great  Britain,  I 
am  not  unwilling  to  explain  myself;  I  affect  no 
concealment,  and  I  have  practised  none.  While 
those  two  great  nations  agitate  all  Europe  with 
their  quarrels,  they  will  both  equally  desire,  and 
with  any  chance  of  success,  equally  endeavor  to 
create  an  influence  in  America.  Each  will  exert 
all  its  arts  to  range  our  strength  on  its  own  side. 
How  is  this  to  be  effected  1  Our  government  is 
a  democratical  republic.  It  will  not  be  disposed 
to  pursue  a  system  of  politics,  in  subservience  to 
either  France  or  England,  in  opposition  to  the 
general  wishes  of  the  citizens :  and,  if  Congress 
should  adopt  such  measures,  they  would  not  be 
pursued  long,  nor  with  much  success.  From  the 
nature  of  our  government,  popularity  is  the  in 
strument  of  foreign  influence.  Without  it,  all  is 
labor  and  disappointment.  With  that  mighty 
auxiliary,  foreign  intrigue  finds  agents,  not  only 
volunteers,  but  competitors  for  employment,  and 
any  thing  like  reluctance  is  understood  to  be  a 
crime.  lias  Britain  this  means  of  influence? 
Certainly  not.  If  her  gold  could  buy  adherents, 
their  becoming  such  would  deprive  them  of  all 
political  power  and  importance.  They  would  not 
wield  popularity  as  a  weapon,  but  would  fall  un 
der  it.  Britain  has  no  influence,  and  for  the  rea 
sons  just  given,  can  have  none.  She  has  enough  ; 
and  God  forbid  she  ever  should  have  more. 
France,  possessed  of  popular  enthusiasm,  of  party 
attachments,  has  had,  and  still  has,  too  much  in 
fluence  on  our  politics — any  foreign  influence  is 
too  much,  and  ought  to  be  destroyed.  I  detest 
the  man,  and  disdain  the  spirit,  that  can  bend  to 
a  mean  subserviency  to  the  views  of  any  nation. 
It  is  enough  to  be  Americans.  That  character 
comprehends  our  duties,  and  ought  to  engross 
our  attachments. 


But  I  would  not  be  misunderstood.  I  would 
not  break  the  alliance  with  France  ;  I  would  not 
have  the  connection  between  the  two  countries 
even  a  cold  one.  It  should  be  cordial  and  sin 
cere  ;  but  I  would  banish  that  influence,  which,  by 
acting  on  the  passions  of  the  citizens,  may  acquire 
a  power  over  the  government. 

It  is  no  bad  proof  of  the  merit  of  the  treaty, 
that,  under  all  these  unfavorable  circumstances, 
it  should  be  so  well  approved.  In  spite  of  first 
impressions,  in  spite  of  misrepresentation  and 
party  clamor,  inquiry  has  multiplied  its  advo 
cates  ;  and  at  last  the  public  sentiment  appears  to 
me  clearly  preponderating  to  its  side. 

On  the  most  careful  review  of  the  several 
branches  of  the  treaty,  those  which  respect  politi 
cal  arrangements,  the  spoliations  on  our  trade, 
and  the  regulation  of  commerce,  there  is  little  to 
be  apprehended.  The  evil,  aggravated  as  it  is  by 
party,  is  little  in  degree,  and  short  in  duration ; 
two  years  from  the  end  of  the  European  war.  I 
ask,  and  I  would  ask  the  question  significantly, 
what  are  the  inducements  to  reject  the  treaty  ? 
What  great  object  is  to  be  gained,  and  fairly 
gained  by  it  1  If,  however,  as  to  the  merits  of 
the  treaty,  candor  should  suspend  its  approbation, 
what  is  there  to  hold  patriotism  a  moment  in  bal 
ance,  as  to  the  violation  of  it  ?  Nothing ;  I  re 
peat  confidently,  nothing.  There  is  nothing  before 
us  in  that  event  but  confusion  and  dishonor. 

To  expatiate  on  the  value  of  public  faith  may 
pass  with  some  men  for  declamation — to  such 
men  I  have  nothing  to  say.  To  others  I  will  urge 
— can  any  circumstance  mark  upon  a  people  more 
turpitude  and  debasement  ?  Can  any  thing  tend 
more  to  make  men  think  themselves  mean,  or  de 
grade  to  a  lower  point  their  estimation  of  virtue, 
and  their  standard  of  action  1 

It  would  not  merely  demoralize  mankind,  it 
tends  to  break  all  the  ligaments  of  society,  to  dis 
solve  that  mysterious  charm  which  attracts  indi 
viduals  to  the  nation,  and  to  inspire  in  its  stead  a 
repulsive  sense  of  shame  and  disgust. 

What  is  patriotism  ?  Is  it  a  narrow  affection 
for  the  spot  where  a  man  was  born  ?  Are  the 
very  clods  where  we  tread  entitled  to  this  ardent 
preference  because  they  are  greener  ?  No,  sir, 
this  is  not  the  character  of  the  virtue,  and  it  soars 
higher  for  its  object.  It  is  an  extended  self-love, 


Cn.  VIII. J 


AMES'S  SPEECH   ON  THE  BRITISH  TREATY. 


381 


mingling  with  all  the  enjoyments  of  life,  and 
twisting  itself  with  the  minutest  filaments  of  the 
heart.  It  is  thus  we  obey  the  laws  of  society,  be 
cause  they  are  the  laws  of  virtue.  In  their  au 
thority  we  see,  not  the  array  of  force  and  terror, 
but  the  venerable  image  of  our  country's  honor. 
Every  good  citizen  makes  that  honor  his  own,  and 
cherishes  it  not  only  as  precious,  but  as  sacred. 
He  is  willing  to  risk  his  life  in  its  defence,  and  is 
conscious  that  he  gains  protection  while  he  gives 
it.  For,  what  rights  of  a  citizen  will  be  deemed 
inviolable  when  a  state  renounces  the  principles 
that  constitute  their  security?  Or,  if  his  life 
should  not  be  invaded,  what  would  its  enjoyments 
be  in  a  country  odious  in  the  eyes  of  strangers 
and  dishonored  in  his  own  1  Could  he  look  with 
affection  and  veneration  to  such  a  country  as  his 
parent?  The  sense  of  having  one  would  die 
within  him  ;  he  would  blush  for  his  patriotism, 
if  he  retained  any,  and  justly,  for  it  would  be  a 
vice.  He  would  be  a  banished  man  in  his  native 
land. 

I  see  no  exception  to  the  respect  that  is  paid 
among  nations  to  the  law  of  good  faith.  If  there 
are  cases  in  this  enlightened  period,  when  it  is 
violated,  there  are  none  when  it  is  decried.  It  is 
the  philosophy  of  politics,  the  religion  of  govern 
ments.  It  is  observed  by  barbarians — a  whiff  of 
tobacco  smoke  or  a  string  of  beads,  gives  not  mere 
ly  binding  force,  but  sanctity  to  treaties.  Even 
in  Algiers,  a  truce  may  be  bought  for  money,  but 
when  ratified,  even  Algiers  is  too  wise,  or  too 
just,  to  disown  and  annul  its  obligation.  Thus 
we  see,  neither  the  ignorance  of  savages,  nor 
the  principles  of  an  association  for  piracy  and  rap 
ine,  permit  a  nation  to  despise  its  engagements. 
If,  sir,  there  could  be  a  resurrection  from  the  foot 
of  the  gallows,  if  the  victims  of  justice  could  live 
again,  collect  together  and  form  a  society,  they 
would,  however  loath,  soon  find  themselves  ob 
liged  to  make  justice,  that  justice  under  which 
they  fell,  the  fundamental  law  of  their  state. 
They  would  perceive  it  was  their  interest  to 
make  others  respect,  and  they  would  therefore 
soon  pay  some  respect  themselves  to  the  obliga 
tions  of  good  faith. 

It  is  painful,  I  hope  it  is  superfluous,  to  make 

even  the  supposition,  that  America  should  furnish 

the  occasion  of  this  opprobrium.     No,  let  me  not 

even    imagine,    that   a   republican    government, 

VOL.  II.— 48 


sprung,  as  our  own  is,  from  a  people  enlightened 
and  uncorrupted,  a  government  whose  origin  is 
right,  and  whose  daily  discipline  is  duty,  can,  upon 
solemn  debate,  make  its  option  to  be  faithless — 
can  dare  to  act  what  despots  dare  not  avow :  what 
our  own  example  evinces,  the  states  of  Barbary 
are  unsuspected  of.  No,  let  me  rather  make  the 
supposition,  that  Great  Britain  refuses  to  execute 
the  treaty,  after  we  have  done  every  thing  to  carry 
it  into  effect.  Is  there  any  language  of  reproach 
pungent  enough  to  express  your  commentary  on 
the  fact  ?  What  would  you  say,  or  rather  what 
would  you  not  say  1  Would  you  not  tell  them, 
wherever  an  Englishman  might  travel,  shame 
would  stick  to  him — he  would  disown  his  coun 
try?  You  would  exclaim,  England,  proud  of 
your  wealth,  and  arrogant  in  the  possession  of 
power — blush  for  these  distinctions,  which  become 
the  vehicles  of  your  dishonor  !  Such  a  nation 
might  truly  say  to  corruption,  thou  art  my  father, 
and  to  the  worm,  thou  art  my  mother  and  my 
sister.  We  should  say  of  such  a  race  of  men, 
their  name  is  a  heavier  burden  than  their  debt. 

The  idea  of  war  is  treated  as  a  bugbear.  This 
levity  is  at  least  unseasonable,  and  most  of  all 
unbecoming  some  who  resort  to  it. 

Who  has  forgotten  the  philippics  of  1794? 
The  cry  then  was  reparation — no  envoy — no 
treaty — no  tedious  delays.  Now,  it  seems,  the 
passion  subsides,  or  at  least  the  hurry  to  satisfy 
it.  Great  Britain,  say  they,  will  not  wage  war 
upon  us. 

In  1794,  it  was  urged  by  those  who  now  say, 
no  war,  that  if  we  built  frigates,  or  resisted  the 
piracies  of  Algiers,  we  could  not  expect  peace. 
Now  they  give  excellent  comfort  truly.  Great 
Britain  has  seized  our  vessels  and  cargoes  to  the 
amount  of  millions  ;  she  holds  the  posts;  she  in 
terrupts  our  trade,  say  they,  as  a  neutral  nation  ; 
and  these  gentlemen,  formerly  so  fierce  for  re 
dress,  assure  us,  in  terms  of  the  sweetest  consola 
tion,  Great  Britain  will  bear  all  this  patiently.  But 
let  me  ask  the  late  champions  of  our  rights,  will 
our  nation  bear  it  ?  Let  others  exult  because  the 
aggressor  will  let  our  wrongs  sleep  forever.  Will 
it  add,  it  is  my  duty  to  ask,  to  the  patience  and 
quiet  of  our  citizens,  to  see  their  rights  abandoned? 
Will  not  the  disappointment  of  their  hopes,  so 
long  patronized  by  the  government,  now  in  the 


382 


APPENDIX  TO   CHAPTER  VIII. 


[BK.  IV. 


crisis  of  their  being  realized,  convert  all  their  pas 
sions  into  fury  and  despair  ? 

Are  the  posts  to  remain  forever  in  the  posses 
sion  of  Great  Britain  ?  Let  those  who  reject 
them,  when  the  treaty  offers  them  to  our  hands, 
say,  if  they  choose,  they  are  of  no  importance. 
If  they  are,  will  they  take  them  by  force?  The 
argument  I  am  urging,  would  then  come  to  a 
point.  To  use  force  is  war.  To  talk  of  treaty 
again  is  too  absurd.  Posts  and  redress  must 
come  from  voluntary  good-will,  treaty,  or  war. 

The  conclusion  is  plain,  if  the  state  of  peace 
shall  continue,  so  will  the  British  possession  of 
the  posts. 

Look  again  at  this  state  of  things.  On  the  sea- 
coast,  vast  losses  uncompensated :  on  the  frontier, 
Indian  war,  actual  encroachment  on  our  terri 
tory  :  everywhere  discontent — resentments  ten 
fold  more  fierce  because  they  will  be  impotent 
and  humbled  :  national  scorn  and  abasement. 

The  disputes  of  the  old  treaty  of  1783,  being 
left  to  rankle,  will  revive  the  almost  extinguished 
animosities  of  that  period.  Wars,  in  all  coun 
tries,  and  most  of  all  in  such  as  are  free,  arise 
from  the  impetuosity  of  the  public  feelings.  The 
despotism  of  Turkey  is  often  obliged,  by  clamor, 
to  unsheath  the  sword.  War  might  perhaps  be 
delayed,  but  could  not  be  prevented.  The  causes 
of  it  would  remain,  would  be  aggravated,  would 
be  multiplied,  and  soon  become  intolerable. 
More  captures,  more  impressments  would  swell 
the  list  of  our  wrongs,  and  the  current  of  our 
rage.  I  make  no  calculation  of  the  arts  of  those 
whose  employment  it  has  been,  on  former  occa 
sions,  to  fan  the  fire.  I  say  nothing  of  the  for 
eign  money  and  emissaries  that  might  foment  the 
spirit  of  hostility,  because  the  state  of  things  will 
naturally  run  to  violence.  With  less  than  their 
former  exertion,  they  would  be  successful. 

Will  our  government  be  able  to  temper  and 
restrain  the  turbulence  of  such  a  crisis?  The 
government,  alas,  will  be  in  no  capacity  to  gov 
ern.  A  divided  people — and  divided  councils  ! 
Shall  we  cherish  the  spirit  of  peace,  or  show  the 
energies  of  war  1  Shall  we  make  our  adversary 
afraid  of  our  strength,  or  dispose  him,  by  the 
measures  of  resentment  and  broken  faith,  to  re 
spect  our  rights'?  Do  gentlemen  rely  on  the 
state  of  peace  because  both  nations  will  be  worse 
disposed  to  keep  it ;  because  injuries,  and  insults 


still  harder  to  endure,  will  be  mutually  offered  ? 
Such  a  state  of  things  will  exist,  if  we  should 
long  avoid  war,  as  will  be  worse  than  war. 
Peace  without  security,  accumulation  of  injury 
without  redress,  or  the  hope  of  it,  resentment 
against  the  aggressor,  contempt  for  ourselves, 
intestine  discord  and  anarchy.  Worse  than  this 
need  not  be  apprehended,  for  if  worse  could  hap 
pen,  anarchy  would  bring  it.  Is  this  the  peace 
gentlemen  undertake  with  such  fearless  confidence 
to  maintain  1  Is  this  the  station  of  American 
dignity,  which  the  high-spirited  champions  of  our 
national  independence  and  honor  could  endure — • 
nay,  which  they  are  anxious  and  almost  violent 
to  seize  for  the  country  ?  What  is  there  in  the 
treaty,  that  could  humble  us  so  low  ?  Are  they 
the  men  to  swallow  their  resentments,  who  so 
lately  were  choking  with  them  1  If  in  the  case 
contemplated  by  them,  it  should  be  peace,  I  do 
not  hesitate  to  declare  it  ought  not  to  be  peace. 

Is  there  any  thing  in  the  prospect  of  the  inte 
rior  state  of  the  country,  to  encourage  us  to  ag 
gravate  the  dangers  of  a  war?  Would  not  the 
shock  of  that  evil  produce  another,  and  shake 
down  the  feeble  and  then  unbraced  structure  of 
our  government?  Is  this  a  chimera?  Is  it  going 
off  the  ground  of  matter  of  fact  to  say,  the  rejec 
tion  of  the  appropriation  proceeds  upon  the  doc 
trine  of  a  civil  war  of  the  departments !  Two 
branches  have  ratified  a  treaty,  and  we  are  going 
to  set  it  aside.  How  is  this  disorder  in  the  ma 
chine  to  be  rectified  ?  While  it  exists,  its  move 
ments  must  stop,  and  when  we  talk  of  a  remedy, 
is  that  any  other  than  the  formidable  one  of  a 
revolutionary  interposition  of  the  people  ?  And 
is  this,  in  the  judgment  even  of  my  opposers,  to 
execute,  to  preserve  the  Constitution  and  the  pub 
lic  order  ?  Is  this  the  state  of  hazard,  if  not  of 
convulsion,  which  they  can  have  the  courage  to 
contemplate  and  to  brave,  or  beyond  which  their 
penetration  can  reach  and  see  the  issue  ?  They 
seem  to  believe,  and  they  act  as  if  they  believed, 
that  our  union,  our  peace,  our  liberty  are  'invul 
nerable  and  immortal — as  if  our  happy  state  was 
not  to  be  disturbed  by  our  dissensions,  and  that 
we  are  not  capable  of  falling  from  it  by  our  un- 
worthiness.  Some  of  them  have,  no  doubt,  better 
nerves  and  better  discernment  than  mine.  They 
can  see  the  bright  aspects  and  happy  consequences 
of  all  this  array  of  horrors.  They  can  see  intes- 


CH.  VIII.] 


AMES'S  SPEECH   ON   THE  BRITISH  TREATY. 


383 


tine  discords,  our  government  disorganized,  our 
wrongs  aggravated,  multiplied  and  unredressed, 
peace  with  dishonor,  or  war  without  justice,  union 
or  resources,  in  "the  calm  lights  of  mild  philoso- 
phy." 

But  svhatever  they  may  anticipate  as  the  next 
measure  of  prudence  and  safety,  they  have  ex 
plained  nothing  to  the  House.  After  rejecting 
the  treaty,  what  is  to  be  the  next  step  ?  They 
must  have  foreseen  what  ought  to  be  done,  they 
have  doubtless  resolved  what  to  propose  Why 
then  are  they  silent?  Dare  they  not  avow  their 
plan  of  conduct,  or  do  they  wait  till  our  progress 
towards  confusion  shall  guide  them  in  forming  it? 

Let  me  cheer  the  mind,  weary,  no  doubt,  and 
ready  to  despond  on  this  prospect,  by  presenting 
another,  which  it  is  yet  in  our  power  to  realize. 
Is  it  possible  for  a  real  American  to  look  at  the 
prosperity  of  this  country  without  some  desire 
for  its  continuance,  without  some  respect  for  the 
measures  which,  many  will  say,  produced,  and  all 
will  confess,  have  preserved  it?  Will  he  not  feel 
some  dread,  that  a  change  of  system  will  reverse 
the  scene  ?  The  well-grounded  fears  of  our  citi 
zens  in  1794,  were  removed  by  the  treaty,  but 
are  not  forgotten.  Then  they  deemed  war  nearly 
inevitable,  and  would  not  this  adjustment  have 
been  considered,  at  that  day,  as  a  happy  escape 
from  the  calamity  ?  The  great  interest,  and-  the 
general  desire  of  our  people  was,  to  enjoy  the  ad 
vantages  of  neutrality.  This  instrument,  how 
ever  misrepresented,  affords  America  that  inesti 
mable  security.  The  causes  of  our  disputes  are 
either  cut  up  by  the  roots,  or  referred  to  a  new 
negotiation  after  the  end  of  the  European  war. 
This  was  gaining  every  thing,  because  it  confirmed 
our  neutrality,  by  which  our  citizens  are  gaining 
every  thing.  This  alone  would  justify  the  en 
gagements  of  the  government.  For,  when  the 
fiery  vapors  of  the  war  lowered  in  the  skirts  of 
our  horizon,  all  our  wishes  were  concentred  in 
this  one,  that  we  might  escape  the  desolation  of 
the  storm.  This  treaty,  like  a  rainbow  on  the 
edge  of  the  cloud,  marked  to  our  eyes  the  space 
where  it  was  raging,  and  afforded,  at  the  same 
time,  the  sure  prognostic  of  fair  weather.  If  we 
reject  it,  the  vivid  colors  will  grow  pale,  it  will 
be  a  baleful  meteor  portending  tempest  and  war. 


Let  us  not  hesitate,  then,  to  agree  to  the  appro 
priation  to  carry  it  into  faithful  execution.  Thus 
we  shall  save  the  faith  of  our  nation,  secure  its 
peace,  and  diffuse  the  spirit  of  confidence  and  en 
terprise,  that  will  augment  its  prosperity.  The 
progress  of  wealth  and  improvement  is  wonder 
ful,  and,  some  will  think,  too  rapid.  The  field 
for  exertion  is  fruitful  and  vast,  and  if  peace  and 
good  government  should  be  preserved,  the  acqui 
sitions  of  our  citizens  are  not  so  pleasing  as  the 
proofs  of  their  industry  as  the  instruments  of 
their  future  success.  The  rewards  of  exertion  go 
to  augment  its  power.  Profit  is  every  hour  be 
coming  capital.  The  vast  crop  of  our  neutrality 
is  all  seed-wheat,  and  is  sown  again  to  swell, 
almost  beyond  calculation,  the  future  harvest  of 
prosperity.  And  in  this  progress,  what  seems  to 
be  fiction  is  found  to  fall  short  of  experience. 

I  rose  to  speak  under  impressions  that  I  would 
have  resisted  if  I  could.  Those  who  see.  me  will 
believe,  that  the  reduced  state  of  my  health  has 
unfitted  me,  almost  equally,  for  much  exertion  of 
body  or  mind.  Unprepared  for  debate,  by  "care 
ful  reflection  in  my  retirement,  or  by  long  atten 
tion  here,  I  thought  the  resolution  I  had  taken  to 
sit  silent  was  imposed  by  necessity,  and  would 
cost  me  no  effort  to  maintain  it.  With  a  mind  thus 
vacant  of  ideas,  and  sinking,  as  I  really  am,  under 
a  sense  of  weakness,  I  imagined  the  very  desire 
of  speaking  was  extinguished  by  the  persuasion 
that  I  had  nothing  to  say.  Yet  when  I  come  to 
the  moment  of  deciding  the  vote,  I  start  back 
with  dread  from  the  edge  of  the  pit  into  which  we 
are  plunging.  In  my  view,  even  the  minutes  I 
have  spent  in  expostulation,  have  their  value,  be 
cause  they  protract  the  crisis,  and  the  short  pe 
riod  in  which  alone  we  may  resolve  to  escape  it. 

I  have  thus  been  led,  by  my  feelings,  to  speak 
more  at  length  than  I  had  intended.  Yet  I  have, 
perhaps,  as  little  personal  interest  in  the  event  as 
any  one  here.  There  is,  I  believe,  no  member  who 
will  not  think  his  chances  to  be  a  witness  of  the 
consequences  greater  than  mine.  If,  however,  the 
vote  should  pass  to  reject,  and  a  spirit  should  rise, 
as  it  will,  with  the  public  disorders,  to  make  con 
fusion  worse  confounded,  even  I,  slender  and  al 
most  broken  as  my  hold  upon  life  is,  may  outlive 
the  government  and  Constitution  of  my  country. 


384 


CLOSE  OF   WASHINGTON'S  PUBLIC  LIFE. 


[BK.  IV. 


CHAPTER    IX 


1796-1797. 


CLOSE   OF  WASHINGTON  S   PUBLIC   LIFE. 

Conduct  of  the  French  government  towards  the  United  States  —  Complaints  of  the  Directory  —  Retaliation  resolved 
upon  by  them  —  Adet  in  the  United  States  and  Monroe  in  France  —  Intrigues  of  Spain  in  the  west  —  Monroe's 
views  and  course  —  Washington  dissatisfied  —  Pinckney  appointed  in  Monroe's  place  —  Conduct  of  the  Directory 
towards  Pinckney  —  Monroe's  leave-taking  —  Washington's  determination  not  to  serve  as  president  a  third  term 
—  His  noble  FAREWELL  ADDRESS  —  How  it  was  received  throughout  the  country  —  The  candidates  for  the  presi 
dency —  Ardent  struggle  between  the  parties  —  Adet's  insolent  interference  —  Extract  from  his  letter  —  Effect 
produced  —  Washington's  speech  to  Congress  —  Its  contents  —  Touching  conclusion  of  the  speech  —  Depreda 
tions  of  the  French  upon  American  commerce  —  Message  from  the  president  on  the  relations  with  France  — 
Little  business  done  in  Congress  —  Result  of  the  election  —  John  Adams  elected  president  —  Thomas  Jelferson 
elected  vice-president — Washington's  course  in  regard  to  calumnies  against  his  character  —  The  volume  of 
forged  letters — His  earnest  desire  for  rest  and  repose  —  Deep  and  true  feeling  of  the  people  towards  him — A 
review  of  his  administration — Its  manifold  success.  APPENDIX  TO  CHAPTER  IX.  I.  The  Mazzei  Letter.  H.  Mr. 
Gibbs  on  Washington's  Retirement  into  Private  Life. 


THE  French  government  had  closely 
watched  the  progress  of  events  con 
nected  with  Mr.  Jay's  treaty.  Not 
withstanding  all  their  protestations  on 
the  subject,  it  was  a  fixed  determina 
tion  on  their  part  to  involve  the  United 
States  in  the  war  against  England,  and 
the  American  minister  in  France  was 
informed,  that  that  republic  would  gov 
ern  itself  according  to  the  course  pur 
sued  by  the  United  States,  in  regard 
to  the  treaty  with  his  Britannic  majes 
ty.  No  sooner  had  the  news  of  Mr. 
Jay's  treaty  being  completed  reached 
Paris,  than  Mr.  Monroe  was  importuned 
to  disclose  its  contents,  even  before  it 
had  been  submitted  to  the  American 
government ;  and  when  this  evidently 
unreasonable  request  was  not  granted, 
other  ways  were  found  .to  manifest  the 
jealousy  and  suspicion  of  the  French 
authorities  towards  the  United  States. 


On  the  12th  of  September,  1795,  the 
secretary  of  state  informed  Mr.  Monroe, 
that  the  president  had  ratified  the 
treaty,  and  also  furnished  him  with  his 
reasons  for  so  doing,  with  a  view  that 
they  might  be  presented  to  the  French 
government.  The  frantic  Committee  of 
Public  Safety  had  been  succeeded,  to 
wards  the  close  of  1795,  by  the  profli 
gate  Executive  Directory,  which,  with 
out  scruple,  turned  to  account  the  dis 
sensions  existing  in  the  United  States 
on  the  subject  of  the  treaty  with  Eng 
land. 

In  February,  1796,  M.  De  la  Croix, 
the  minister  of  foreign  affairs,  informed 
Mr.  Monroe,  that  the  Directory  had  de 
termined  how  to  act  in  regard  to  the 
American  treaty  with  Great  Britain. 
They  had,  he  said,  considered 

1  *"Orf* 

the  alliance  between  France  and 

the  United  States  at  an  end,  from  the 


CH.  IX.] 


FRENCH   RETALIATORY  MEASURES. 


385 


moment  that  treaty  was  ratified;  and 
intimated  that  a  special  envoy  would 
be  sent  to  announce  this  to  the  Amer 
ican  government.  Soon  after,  he  pre 
sented  to  the  American  minister,  a  sum 
mary  exposition  of  the  complaints  of 
the  French  government  against  the 
United  States.  The  British  treaty  was, 
of  course,  the  most  prominent  subject 
of  complaint,  and  it  was  charged  that 
the  United  States  had  knowingly  and 
clearly  sacrificed  their  connection  with 
France,  by  entering  into  any  terms 
with  England  on  the  subject  of  com 
merce  and  navigation.  Mr.  Monroe,  in 
his  reply,  denied  these  allegations,  and 
fully  refuted  the  complaints  of  the 
Directory. 

Confidently  presuming  that  the 
House  of  Representatives  would  not 
pass  the  laws  necessary  to  carry  the 
British  treaty  into  effect,  France  did  not 
immediately  press  the  subject,  but  when 
the  news  of  the  result  in  the  House 
reached  Paris,  measures  of  retaliation 
were  determined  upon  at  once.  On  the 
25th  of  June,  the  French  minister  in 
quired  of  Mr.  Monroe,  whether 
the  intelligence  contained  in 
the  American  gazettes,  was  true,  that 
the  House  had  consented  to  carry  the 
treaty  into  effect.  "After  the  cham 
ber  of  Representatives,"  he  added,  "  has 
given  its  consent  to  this  treaty,  we 
ought,  no  doubt,  to  consider  it  in  full 
force :  and  as  the  state  of  things  which 
results  from  it  merits  our  profound  at 
tention,  I  wish  to  learn  from  you  in  what 
light  wTe  are  to  consider  the  event 
which  the  public  papers  announce,  be 
fore  I  call  the  attention  of  the  Directory 
to  those  consequences  which  ought 


1796. 


especially  to  interest  this  republic." 
Although  the  American  minister  was 
unable  to  give  any  official  information 
oil  the  subject,  yet,  no  doubt,  informed 
by  their  own  minister  in  the  United 
States,  that  the  intelligence  was  true, 
the  Directory  at  once  took  those  meas 
ures  of  retaliation  they  had  contem 
plated  ;  and  on  the  2d  of  July,  issued 
their  celebrated  decree,  that  "  all  neu 
tral  or  allied  powers  shall,  without  de 
lay,  be  notified,  that  the  flag  of  the 
French  republic  will  treat  neutral  ves 
sels,  either  as  to  confiscation,  as  to 
searches,  or  capture,  in  the  same  man 
ner  as  they  shall  suffer  the  English  to 
treat  them." 

Rumors,  indeed,  had  before  this 
reached  the  United  States,  that  meas 
ures  hostile  to  American  commerce, 
were  contemplated  by  the  French  gov 
ernment.  To  ascertain  the  truth  of 
these  rumors,  Colonel  Pickering,  secre 
tary  of  state,  as  early  as  the  1st  of  July, 
1T96,  addressed  a  note  to  M.  Adet,  in 
quiring  whether  the  government  of 
France  had  decreed  any  new  regula 
tions  or  orders  relative  to  the  commerce 
of  the  United  States,  and,  if  so,  what 
they  were.  Adet,  in  his  answer,  on 
the  14th  instant,  declared,  that  he  was 
ignorant  of  the  nature  of  the  orders 
which  might  have  been  given  by  the 
government  to  French  ships  of  war,  or 
what  conduct  had  been  prescribed  to 
them  with  respect  to  neutral  vessels 
trading  with  their  enemies.  Probably 
secret  orders  had  been  sent  before  this 
to  the  West  Indies  to  capture  Ameri 
can  vessels ;  as  in  June  preceding,  a  val 
uable  ship  called  the  Mount  Vernon, 
was  captured  off  the  Capes  of  Delaware, 


386 


CLOSE   OF   WASHINGTON'S  PUBLIC  LIFE. 


[Bs.  IV. 


1796. 


by  a  French  privateer,  from  St.  Do 
mingo. 

Spain,  in  August,  1796,  concluded  a 
treaty  with  France,  and  soon  after 
made  complaints  against  the  British 
treaty  as  sacrificing  her  interests 
likewise,  as  well  as  those  of 
France.  On  this  ground  the  delivery 
of  the  posts  on  the  Mississippi  was  de 
layed,  and,  urged  on  by  France,  at 
tempts  were  made  to  induce  the  west 
ern  people  to  form,  an  independent 
empire,  which  project,  however,  as  Pit- 
kin  shows,  (vol.  ii.,  pp.  485-88,)  failed 
entirely.  France  also  pressed  upon 
Holland  to  aid  in  defeating  the  treaty 
with  England,  and,  as  John  Quincy 
Adams,  the  American  minister,  showed, 
Holland  dared  not  refuse  the  behests 
of  France. 

Washington  had,  at  all  times,  been 
sincerely  anxious  to  come  to  a  full 
and  satisfactory  explanation  with  the 
French  Directory,  and  he  had  caused 
Mr.  Monroe  to  be  furnished  with  ample 
materials  for  the  justification  of  his 
government,  in  relation  to  the  treaty 
with  England  But,  unfortunately,  Mr. 
Monroe  did  not  really  approve  of  the 
policy  of  the  president  with  regard  to 
France.  He  thought  that  she  had  just 
grounds  of  complaint,  and  consequently 
his  course  of  action  was  not  likely  to 
be  quite  acceptable  to  the  president. 
Washington  was  not  pleased  that  Mr. 
Monroe,  instead  of  pressing  upon  the 
Directory  the  views  and  feelings  of  the 
American  government,  had  waited  until 
formal  complaints  should  be  made,  and 
omitted  to  urge  them  while  the  Direc 
tory  was  deliberating  on  the  course  it 
should  pursue. 


Knowing  well  that  the  intentions  of 
the  executive  had  been  at  all  times 
friendly  to  the  French  republic,  the 
president  had  relied  with  confidence 
on  early  and  candid  communications 
for  the  removal  of  any  prejudices  or 
misconceptions.  That  the  Directory 
would  be  disappointed  at  the  adjust 
ment  of  those  differences  which  threat 
ened  to  embroil  the  United  States  with 
Great  Britain,  could  not  be  doubted; 
but,  as  neither  this  adjustment, 
nor  the  arrangements  connected 
with  it,  had  furnished  any  real  cause 
of  complaint,  he  had  cherished  the 
hope  that  it  would  produce  no  serious 
consequences,  if  the  proper  means  of 
prevention  should  be  applied  in  time. 
He  was  therefore  dissatisfied  with  de 
lays  which  he  had  not  expected ;  and 
seems  to  have  believed  that  they  origi 
nated  in  a  want  of  zeal  to  justify  a  meas 
ure  which  neither  the  minister  himself, 
nor  his  political  friends,  had  ever  ap 
proved.  To  insure  an  earnest  and 
active  representation  of  the  true  senti 
ments  of  the  executive,  the  president 
was  inclined  to  depute  an  envoy  extra 
ordinary  for  the  particular  purpose, 
who  should  be  united  with  the  actual 
minister;  doubting,  however,  whether 
he  could  make  such  an  appointment 
during  the  recess  of  the  Senate,  he  re 
solved  to  supersede  Mr.  Monroe,  and  ap 
point  a  new  envoy  in  his  place.  After 
much  deliberation,  General  Charles 
Cotesworth  Pinckney  was  chosen,*  and 

*  Mr.  Gihbs  (vol.  i.,  p.  368)  stating  that  "it  was 
high  time  Mr.  Monroe  should  be  recalled,1'  gives  an 
extract  from  Thiers's  History  of  the  French  Revolu 
tion,  wherein  Monroe's  course  does  not  appear  to 
much  advantage. 


CH.  IX.] 


MR.   MONROE  SUPERSEDED. 


387 


on  the  22d  of  August,  Mr.  Monroe  was 
notified  of  his  recall.  General  Pinck- 
uey  embarked  for  France  early  in  Sep 
tember. 

About  the  1st  of  December,  General 
Pinckney  arrived  in  Paris,  and  soon 
after,  in  company  with  Mr.  Monroe, 
waited  upon  the  minister  of  foreign 
affairs,  and  presented  his  credentials. 
These  were  laid  before  the  Directory, 
and  on  the  llth  of  December,  M.  De 
la  Croix'  sent  Mr.  Monroe  word,  with 
considerable  superciliousness,  that  the 
Directory  would  "  no  lonorer  recognize 

v  O  O 

a  minister-plenipotentiary  from  the 
United  States,  until  after  a  reparation 
of  the  grievances  demanded  of  the 
American  government,  and  which  the 
French  republic  has  a  right  to  expect." 
The  French  minister,  however,  de 
clared,  "that  this  determination,  which 
is  become  necessary,  does  not  oppose 
the  continuance  of  the  affection  be 
tween  the  French  republic  and  the 
American  people,  which  is  grounded 
on  former  good  offices  and  reciprocal 
interest ;  an  affection  which  you  have 
taken  pleasure  in  cultivating,  by  all  the 
means  in  your  power."  General  Pinck- 
ney's  situation  became  embarrassing 
and  annoying  to  a  high  degree,  the 
Directory  refusing  to  hold  any  com 
munication  with  him,  and  he  not  know 
ing  but  that  he  might  be  compelled  by 
the  police  to  quit  France  at  any  mo 
ment. 

At  the  close  of  December,  Monroe 
took  leave  of  the  Directory  with  great 
ceremony,  and  concluded  his  address 
by  saying:  "I  beg  leave  to  make  to 
you,  citizen  directors,  my  particular  ac 
knowledgments  for  the  confidence  and 


attention  with  which  you  have  honored 
my  mission  during  its  continuance,  and 
at  the  same  time  to  assure  you 
that  I  shall  always  take  a  1T96' 
deep  and  sincere  interest  in  whatever 
concerns  the  prosperity  and  welfare  of 
the  French  republic,  so  I  shall  never 
cease,  in  my  retirement,  to  pay,  in  re 
turn  for  the  attention  you  have  shown 
me,  the  only  acceptable  recompense  to 
generous  minds,  the  tribute  of  a  grate 
ful  remembrance." 

The  reply  of  the  president  of  the 
Directory  was  in  that  haughty,  patron 
izing  tone  and  temper  that  marked  the 
conduct  of  the  French  government  at 
this  date  towards  the  United  States: 
"  By  presenting  this  day  to  the  Execu 
tive  Directory,  your  letters  of  recall," 
the  president  said,  "you  offer  a  very 
strange  spectacle  to  Europe.  France, 
rich  in  her  freedom,  surrounded  by  the 
train  of  her  victories,  and  strong  in  the 
esteem  of  her  allies,  will  not  stoop  to 
calculate  the  consequences  of  the  con 
descension  of  the  American  government 
to  the  wishes  of  its  ancient  tyrants. 
The  French  republic  expects,  how 
ever,  that  the  successors  of  Columbus, 
Raleigh,  and  Penn,  always  proud  of 
their  liberty,  will  never  forget  that 
they  owe  it  to  France.  They  will 
weigh  in  their  wisdom  the  magnani 
mous  friendship  of  the  French  people, 
with  the  caresses  of  perfidious  men, 
who  meditate  to  bring  them  under 
their  former  yoke.  Assure  the  good 
people  of  America,  Mr.  Minister,  that, 
like  them,  we  adore  liberty ;  that  they 
will  always  possess  our  esteem,  and  find 
in  the  French  people  that  republican 
generosity  which  knows  how  to  grant 


388 


CLOSE   OF  WASHINGTON'S   PUBLIC  LIFE. 


[BK.  IV. 


peace,  as  well  as  to  cause  its  sovereignty 
to  be  respected. 

"  As  for  you,  Mr.  Minister-plenipo 
tentiary,  you  have  contended  for  prin 
ciples  ;  you  have  known  the  true  inter 
ests  of  your  country — depart  with  our 
regret ;  we  restore,  in  you,  a  represen 
tative  to  America  ;  and  we  preserve 
the  remembrance  of  the  citizen,  whose 
personal  qualities  did  honor  to  that 
title."* 

Mr.  Monroe,  on  his  return  to  the 
United  States,  deemed  it  necessary,  in 
vindication  of  his  character,  to  appeal 
to  the  public,  and  he  accordingly  pub 
lished  his  "  View  of  the  Conduct  of  the 
Executive  in  the  Foreign  Affiiirs  of  the 
United  States,  connected  with  the  Mis 
sion  to  the  French  Republic,  during  the 
years  1794,  95  and  96."  The  student 
of  history  will  find  it  to  his  advantage 
to  consult  this  work,  respecting  which 
it  ought  to  be  mentioned,  opinions 
were,  at  the  time,  and  have  continued, 
various  and  contradictory. 

Washington,  in  replying  to  a  letter 
from  Jefferson,  who  had  felt  called 
upon  to  clear  himself  from  any  thing 
like  suspicion  of  a  breach  of  official 
trust,  while  in  the  cabinet,  spoke  in 
strong  terms  of  the  outrageous  abuse 
to  which  he  had  been  subjected  by  a 
malignant  party  press :  "  To  this  I  may 


*  "We  may  mention  here  that  General  Pinckney 
was  permitted  to  reside  at  Paris  until  about  the  1st 
of  February,  1797,  when  the  Directory,  elated  by 
their  victories  in  Italy,  gave  him  written  orders  to 
quit  the  territories  of  the  republic.  He  immediately 
retired  to  Amsterdam,  where  he  remained  until 
joined  by  Mr.  Marshall-  and  Mr.  Gerry,  who,  under 
the  administration  of  Mr.  Adams,  were  associated 
with  him  as  envoys  extraordinary  to  the  French  re 
public. 


add,  and  very  truly,  that,  until  the  last 
year  or  two,  I  had  no  conception  that 
parties  would,  or  even  could,  go  the 
lengths  I  have  been  witness  to  ;  nor 
did  I  believe,  until  lately,  that  it  was 
within  the  bounds  of  probability — 
hardly  within  those  of  possibility — 
that  while  I  was  using  my  utmost  ex 
ertions  to  establish  a  national  character 
of  our  own,  independent,  as  far  as  our 
obligations  and  justice  would  permit, 
of  every  nation  of  the  earth ;  and 
wished,  by  steering  a  steady  course,  to 
preserve  this  country  from  the  horrors 
of  a  desolating  war,  I  should  be  ac 
cused  of  being  the  enemy  of  one  nation 
and  subject  to  the  influence  of  another; 
and  to  prove  it,  that  every  act  of  my 
administration  would  be  tortured,  and 
the  grossest  and  most  insidious  misrep 
resentations  of  them  be  made,  by  giv 
ing  one  side  only  of  a  subject,  and  that 
too  in  such  exaggerated  and  indecent 

OO 

terms  as  could  scarcely  be  applied  to 
a  Nero — to  a  notorious  defaulter — or 
even  to  a  common  pickpocket."  Some 
three  years  previously,  we  may  here 
mention,  Washington,  alluding  to  sev 
eral  "  diabolical"  characters  who  made 
him  a  mark  to  shoot  at,  said,  in  a 
private  letter,  "  The  publications  in 
Freneau's  and  Bache's  papers  are  out 
rages  on  common  decency ;  and  they 
progress  in  that  style,  in  propor 
tion  as  their  pieces  are  treated  with 
contempt,  and  passed  over  in  silence, 
by  those  against  whom  they  are  di 
rected." 

The  time  was  now  approaching  when 
it  was  necessary  that  the  minds  of  the 
people  should  be  turned  to  the  election 
of  a  president,  to  serve  for  the  ensuing 


CH.  IX.] 


WASHINGTON'S   FAREWELL  ADDRESS. 


389 


term   of   four   years.     Hamilton,   and 

other  intimate  friends,  were  aware  of 

Washington's  fixed  determina- 

1796. 

tion  not  to  continue  at  the  head 
of  affairs  any  longer ;  yet,  in  the  unset 
tled  position  of  matters  with  France,  he 
was  urgently  entreated  to  withhold  the 
announcement  of  his  determination  for 
a  space  at  least.  But  his  purpose  was 
not  to  be  changed.  He  had  already 
sacrificed  enough  for  his  country  to  be 
entitled  to  his  discharge  from  public 
life,  and  never  did  a  weary  and  care 
worn  pilgrim  more  earnestly  covet  rest 
and  retirement,  than  he,  to  whom  his 
country  was  so  large  a  debtor.  As  on 
every  account  proper,  Washington  de 
termined  to  avail  himself  of  the  oppor 
tunity  to  address  to  his  countrymen 
his  parting  words  of  wise  and  fatherly 
counsel. 

Accordingly,  early  in  September, 
nearly  six  months  before  his  term  of 
office  expired,  he  completed  his  Fare 
well  Address,  and  gave  expression  to 
the  views  which  he  entertained  on  pub 
lic  affairs,  and  the  principles  by  which 
he  had  ever  been  governed  in  the 
service  of  the  state.  This  noble  and 
manly  document,  the  invaluable  legacy 
of  the  father  of  his  country  to  the  peo 
ple  whom  he  loved,  and  for  whom  he 
labored  all  his  life  long,  is  too  impor 
tant  not  to  be  held  up  continually  be 
fore  the  eyes  of  the  countrymen  of 
Washington,  and  the  inheritors  of  the 
manifold  blessings  of  liberty  and  law, 
which  Washington  expended  his  best 
energies  to  secure  to  all  generations. 
We  give  the  Address  in  full,  and  ven 
ture  to  ask  the  reader  to  ponder  well 
its  contents: 
VOL. 


1796. 


"TO  THE  PEOPLE  OF  THE  UNITED  STATES. 

"  FRIENDS  AND  FELLOW  CITIZENS  : — 
The  period  for  a  new  election  of  a  cit 
izen  to  administer  the  executive  gov 
ernment  of  the  United  States  being 
not  far  distant,  and  the  time  actually 
arrived  when  your  thoughts  must  be 
employed  in  designating  the 
person  who  is  to  be  clothed 
with  that  important  trust,  it  appears  to 
me  proper,  especially  as  it  may  con 
duce  to  a  more  distinct  expression  of 
the  public  voice,  that  I  should  now  ap 
prise  you  of  the  resolution  I  have  form 
ed,  to  decline  being  considered  among 
the  number  of  those  out  of  whom  the 
choice  is  to  be  made. 

"I  beg  you  at  the  same  time  to  do 
me  the  justice  to  be  assured,  that  this 
resolution  has  not  been  taken  without 
a  strict  regard  to  all  the  considerations 
appertaining  to  the  relation  which  binds 
a  dutiful  citizen  to  his  country;  and 
that  in  withdrawing  the  tender  of  ser 
vice,  which  silence  in  my  situation  might 
imply,  I  am  influenced  by  no  diminution 
of  zeal  for  your  future  interest ;  no  defi 
ciency  of  grateful  respect  for  your  past 
kindness ;  but  am  supported  by  a  full 
conviction,  that  the  step  is  compatible 
with  both. 

"  The  acceptance  of,  and  continuance 
hitherto  in,  the  office  to  which 
your  suffrages  have  twice  called 
me  have  been  an  uniform  sacrifice  of 
inclination  to  the  opinion  of  duty,  and 
to  a  deference  for  what  appeared  to  be 
your  desire.  I  constantly  hoped  that 
it  would  have  been  much  earlier  in  my 
power,  consistently  with  motives  which 
I  was  not  at  liberty  to  disregard,  to 


1796. 


390 


CLOSE   OF   WASHINGTON'S  PUBLIC  LIFE. 


[BK.  IV. 


return  to  that  retirement  from  which 
I  had  been  reluctantly  drawn.  The 
strength  of  my  inclination  to  do  this, 
previous  to  the  last  election,  had  even 
led  to  the  preparation  of  an  address  to 
declare  it  to  you ;  but  mature  reflection 
on  the  then  perplexed  and  critical  pos 
ture  of  our  affairs  with  foreign  nations, 
and  the  unanimous  advice  of  persons 
entitled  to  my  confidence,  impelled  me 
to  abandon  the  idea. 

"  I  rejoice  that  the  state  of  your  con 
cerns,  external  as  well  as  internal,  no 
longer  renders  the  pursuit  of  inclina 
tion  incompatible  with  the  sentiment  of 
duty  or  propriety ;  and  am  persuaded, 
whatever  partiality  may  be  retained  for 
my  services,  that  in  the  present  circum 
stances  of  our  country,  you  will  not  dis 
approve  of  my  determination  to  retire. 

"  The  impressions  with  which  I  first 
undertook  the  arduous  trust,  were  ex 
plained  on  the  proper  occasion.  In  the 
discharge  of  this  trust  I  will  only  say, 
that  I  have,  with  good  intentions,  con 
tributed  toward  the  organization  and 
administration  of  the  government  the 
best  exertions  of  which  a  very  fallible 
judgment  was  capable.  Not  uncon 
scious,  in  the  outset,  of  the  inferiority 
of  my  qualifications,  experience  in  my 
own  eyes,  perhaps  still  more  in  the 
eyes  of  others,  has  strengthened  the 
motives  to. diffidence  of  myself;  and 
every  day  the  increasing  weight  of 
years  admonishes  me  more  and  more, 
that  the  shade  of  retirement  is  as  ne 
cessary  to  me  as  it  will  be  welcome. 
Satisfied  that  if  any  circumstances  have 
given  peculiar  value  to  my  services, 
they  were  temporary,  I  have  the  con 
solation  to  believe,  that  while  choice 


and  prudence  invite  me  to  quit  the  po 
litical  scene,  patriotism  does  not  for 
bid  it. 

"  In  looking  forward  to  the  moment 
which  is  to  terminate  the  career  of  my 
political  life,  my  feelings  do  not  permit 
me  to  suspend  the  deep  acknowledg 
ment  of  that  debt  of  gratitude  which  I 
owe  to  my  beloved  country,  for  the 
many  honours  it  has  conferred  upon 
me;  still  more  for  the  steadfast  confi 
dence  with  which  it  has  supported  me ; 
and  for  the  opportunities  I  have  thence 
enjoyed  of  manifesting  my  inviolable 
attachment,  by  services  faithful  and 
persevering,  though  in  usefulness  un 
equal  to  my  zeal.  If  benefits  have 
resulted  to  our  country  from  these  ser 
vices,  let  it  always  be  remembered  to 
your  praise,  and  as  an  instructive  ex 
ample  in  our  annals,  that,  under  cir 
cumstances  in  which  the  passions,  agi 
tated  in  every  direction,  were  liable  to 
mislead — amidst  appearances  sometimes 
dubious — vicissitudes  of  fortune 

-,  -,.  .  .,  1796. 

olten  discouraging — in  situa 
tions  in  which  not  unfrequently  want 
of  success  has  countenanced  the  spirit 
of  criticism — the  constancy  of  your  sup 
port  was  the  essential  prop  of  the  efforts, 
and  a  guarantee  of  the  plans,  by  which 
they  were  effected.  Profoundly  pene 
trated  with  this  idea,  I  shall  carry  it 
with  me  to  my  grave,  as  a  strong  in 
citement  to  unceasing  wishes,  that  hea 
ven  may  continue  to  you  the  choicest 
tokens  of  its  beneficence — that  your 
union  and  brotherly  affection  may  be 
perpetual — that  the  free  Constitution, 
which  is  the  work  of  your  hands,  may 
be  sacredly  maintained — that  its  ad 
ministration  in  every  department  may 


CH.  IX.] 


WASHINGTON'S   FAREWELL  ADDRESS. 


be  stamped  with  wisdom  and  virtue- 
thai,  in  fine,  the  happiness  of  the  people 
of  these  states,  under  the  auspices  of 
liberty,  may  be  made  complete,  by  so 
careful  a  preservation  and  so  prudent 
a  use  of  this  blessing,  as  will  acquire  to 
them  the  glory  of  recommending  it  to 
the  applause,  the  affection,  and  the 
adoption,  of  every  nation  which  is  yet 
a  stranger  to  it. 

"Here,  perhaps,  I  ought  to  stop. 
But  a  solicitude  for  your  welfare, 
which  cannot  end  but  with  my  life, 
and  the  apprehension  of  danger  natu 
ral  to  that  solicitude,  urcre  me,  on  an 

I  O 

occasion  like  the  present,  to  offer  to 
your  solemn  contemplation,  and 
to  recommend  to  your  frequent 
review,  some  sentiments,  which  are  the 
result  of  much  reflection,  of  no  incon 
siderable  observation,  and  which  appear 
to  me  all-important  to  the  permanency 
of  your  felicity  as  a  people.  These  will 
be  offered  to  you  with  the  more  free 
dom,  as  you  can  only  see  in  them  the 
disinterested  warnings  of  a  parting 
friend,  who  can  possibly  have  no  per 
sonal  motive  to  bias  his  counsel.  Nor 
can  I  forget,  as  an  encouragement  to  it, 
your  indulgent  reception  of  my  senti 
ments  on  a  former  and  not  dissimilar 
occasion. 

"  Interwoven  as  is  the  love  of  liberty 
with  every  ligament  of  your  hearts,  no 
recommendation  of  mine  is  necessary 
to  fortify  or  confirm  the  attachment. 

"The  unity  of  government,  which 
constitutes  you  one  people,  is  also  now 
dear  to  you.  It  is  justly  so ;  for  it  is  a 
main  pillar  in  the  edifice  of  your  real 
independence;  the  support  of  your  tran 
quillity  at  home,  your  peace  abroad ;  of 


your  safety,  of  your  prosperity,  of  that 
very  liberty  which  you  so  highly  prize. 
But  as  it  is  easy  to  foresee,  that  from 
different  causes  and  from  different  quar 
ters,  much  pains  will  be  taken,  many 
artifices  employed,  to  weaken  in  your 
minds  the  conviction  of  this  truth ;  as 
this  is  the  point  in  your  political  for 
tress  against  which  the  batteries  of 
internal  and  external  enemies  will  be 
most  constantly  and  actively,  (though 
often  covertly  and  insidiously,)  direct 
ed,  it  is  of  infinite  moment,  that  you 
should  properly  estimate  the  immense 
value  of  your  national  union,  to  your 
collective  and  individual  happiness ; 
that  you  should  cherish  a  cordial,  ha 
bitual,  and  immovable  attachment  to 
it ;  accustoming  yourselves  to  think'and 
speak  of  it  as  of  the  palladium  of  your 
political  safety  and  prosperity;  watch 
ing  for  its  preservation  with  jealous 
anxiety ;  discountenancing  whatever 
may  suggest  even  a  suspicion  that  it 
can  in  any  event  be  abandoned;  and 
indignantly  frowning  upon  the  first 
dawning  of  every  attempt  to  alienate 
any  portion  of  our  country  from  the 
rest,  or  to  enfeeble  the  sacred  ties 
which  now  link  together  the  various 
parts. 

"For  this  you  have  every  inducement 
of  sympathy  and  interest.  Citizens,  by 
birth  or  choice,  of  a  common  country, 
that  country  has  a  right  to  concentrate 
your  affections.  The  name  of  AMERI 
CAN,  which  belongs  to  you  in  your 
national  capacity,  must  always  exalt 
the  just  pride  of  patriotism,  more  than 
any  appellation  derived  from  local  dis 
criminations.  With  slight  shades  of 
difference,  you  have  the  same  religion, 


CLOSE  OF   WASHINGTON'S   PUBLIC  LIFE. 


[BK.  IV. 


1796. 


manners,  habits,  and  political  princi 
ples.  You  have  in  a  common  cause 
fought  and  triumphed  together;  the 
independence  and  liberty  you  possess, 
are  the  work  of  joint  councils,  and 
joint  efforts,  of  common  dangers,  suf 
ferings,  and  successes. 

"But  these  considerations,  however 
powerfully  they  address  themselves  to 
your  sensibility,  are  greatly  outweighed 
by  those  which  apply  more  immediately 
to  your  interest.  Here  every 
portion  of  our  country  finds  the 
most  commanding  motives  for  carefully 
guarding  and  preserving  the  union  of 
the  whole. 

"  The  nortli,  in  an  unrestrained  inter 
course  with  the  south,  protected  by  the 
equal  laws  of  a  common  government, 
finds  in  the  productions  of  the  latter, 
great  additional  resources  of  maritime 
and  commercial  enterprise,  and  precious 
materials  of  manufacturing  industry. 
The  smith,  in  the  same  intercourse,  ben 
efiting  by  the  agency  of  the  north, 
sees  its  agriculture  grow  and  its  com 
merce  expand.  Turning  partly  into  its 
own  channels  the  seamen  of  the  north, 
it  finds  its  particular  navigation  invigo 
rated — and  while  it  contributes,  in  dif 
ferent  ways,  to  nourish  and  increase 
the  general  mass  of  the  national  naviga 
tion,  it  looks  forward  to  the  protection 
of  a  maritime  strength,  to  which  itself 
is  unequally  adapted.  The  east,  in  like 
intercourse  with  the  west,  already  finds, 
and  in  the  progressive  improvement  of 
interior  communications  by  land  and 
water,  will  more  and  more  find  a  valu 
able  vent  for  the  commodities  which  it 
brings  from  abroad,  or  manufactures  at 
home.  The  west  derives  from  the  east 


supplies  requisite  to  its  growth  and 
comfort ;  and,  what  is  perhaps  of  still 
greater  consequence,  it  must  of  neces 
sity  owe  the  secure  enjoyment  of  indis 
pensable  outlets  for  its  own  productions, 
to  the  weight,  influence,  and  the  future 
maritime  strength  of  the  Atlantic  side 
of  the  Union,  directed  by  an  indissoluble 
community  of  interest  as  one  nation. 
Any  other  tenure  by  which  the  west  «, 
can  hold  this  essential  advantage, 
whether  derived  from  its  own  separate 
strength,  or  from  an  apostate  and  un 
natural  connection  with  any  foreign 
power,  must  be  intriusecally  precarious. 
"While,  then,  every  part  of  our 
country  thus  feels  an  immediate  and 
particular  interest  in  union,  all  the 
parts  combined  cannot  fail  to  find  in 
the  united  mass  of  means  and  efforts, 
greater  strength,  greater  resource,  pro- 
portionably  greater  security  from  ex 
ternal  danger,  a  less  frequent  interrup 
tion  of  their  peace  by  foreign  nations ; 
and,  what  is  of  inestimable  value,  they 
must  derive  from  union  an  exemption 
from  those  broils  and  wars  between 
themselves  which  so  frequently  afflict 
neighboring  countries,  not  tied  together 
by  the  same-  government ;  which  their 
own  rivalships  alone  would  be  sufficient 
to  produce,  but  which  opposite  foreign 
alliances,  attachments,  and  intrigues, 
would  stimulate  and  embitter.  Hence 
likewise  they  will  avoid  the  necessity 
of  those  overgrown  military  establish 
ments,  which,  under  any  form  of  gov 
ernment,  are  inauspicious  to  liberty, 
and  which  are  to  be  regarded  as  par 
ticularly  hostile  to  republican  liberty. 
In  this  sense  it  is,  that  your  union 
ought  to  be  considered  as  a  main  prop 


CH.  IX.] 


WASHINGTON'S  FAREWELL  ADDRESS. 


393 


1796. 


of  your  liberty,  and  that  the  love  of 
the  one  ought  to  endear  to  you  the 
preservation  of  the  other. 

"These  considerations  speak  a  per 
suasive  language  to  every  reflecting 
and  virtuous  mind,  and  exhibit  the 
continuance  of  the  Union  as  a  primary 
object  of  patriotic  desire.  Is  there  a 
doubt  whether  a  common  government 
can  embrace  so  large  a  sphere?  Let 
experience  solve  it.  To  listen  to  mere 
speculation  in  such  a  case  were  criminal. 
We  are  authorized  to  hope  that 
a  proper  organization  of  the 
\vhole,  with  the  auxiliary  agency  of 
governments  for  the  respective  subdi 
visions,  will  afford  a  happy  issue  to  the 
experiment.  It  is  well  worth  a  fair 
and  full  experiment.  With  such  power 
ful  and  obvious  motives  to  union,  affect 
ing  all  parts  of  our  country,  while 
experience  shall  not  have  demonstrated 
its  impracticability,  there  will  always 
be  reason  to  distrust  the  patriotism  of 
those  who,  in  any  quarter,  may  endea 
vor  to  weaken  its  bands. 

"  In  contemplating  the  causes  which 
may  disturb  our  union,  it  occurs  as 
matter  of  serious  concern,  that  any 
ground  should  have  been  furnished  for 
characterizing  parties  by  geographical 
discriminations — northern  and  southern 
—Atlantic  and  western-,  whence  de 
signing  men  may  endeavor  to  excite  a 
belief  that  there  is  a  real  difference  of 
local  interests  and  views.  One  of  the 
expedients  of  party  to  acquire  influence, 
within  particular  districts,  is  to  mis 
represent  the  opinions  and  aims  of 
other  districts.  You  cannot  shield 
yourselves  too  much  against  the  jeal 
ousies  and  heart-burnings  which  spring 


from  these  misrepresentations;  they 
tend  to  render  alien  to  each  other, 
those  who  ought  to  be  bound  together 
by  fraternal  affection.  The  inhabitants 
of  our  western  country  have  lately  had 
a  useful  lesson  on  this  head.  They 
have  seen,  in  the  negotiation  by  the 
executive,  and  in  the  unanimous  ratifi 
cation  by  the  Senate,  of  the  treaty  with 
Spain,  and  in  the  universal  satisfaction 
at  that  event  throughout  the  United 
States,  a  decisive  proof  how  unfounded 
were  the  suspicions  propagated  among 
them  of  a  policy  in  the  general  govern 
ment,  and  in  the  Atlantic  states,  un 
friendly  to  their  interests  in  regard  to 
the  Mississippi.  They  have  been  wit 
nesses  to  the  formation  of  two  treaties, 
that  with  Great  Britain,  and  that  with 
Spain,  which  secure  to  them  every 
thing  they  could  desire,  in  respect  to 
our  foreign  relations,  towards  confirm 
ing  their  prosperity.  Will  it  not  be 
their  wisdom  to  rely  for  the  preserva 
tion  of  these  advantages  on  the  Union 
by  which  they  were  procured  ?  Will 
they  not  henceforth  be  deaf  to  those 
advisers,  if  such  there  are,  who  would 
sever  them  from  their  brethren,  and 
connect  them  with  aliens  ? 

"To  the  efficacy  and  permanency  of 
your  union,  a  government  for  the  whole 
is  indispensable.  No  alliances,  however 
strict,  between  the  parts  can  be  an 
adequate  substitute ;  they  must  inevi 
tably  experience  the  infractions  and 
interruptions  which  all  alliances  in  all 
times  have  experienced.  Sensible  of 
this  momentous  truth,  you  have  im 
proved  upon  your  first  essay,  by  the 
adoption  of  a  constitution  of  govern 
ment,  better  calculated  than  your  for- 


394 


CLOSE   OF   WASHINGTON'S  PUBLIC  LIFE. 


[En.  IV. 


1796. 


mer,  for  an  intimate  union,  and  for  the 
efficacious  management  of  your  common 
concerns.  This  government,  the  off 
spring  of  our  own  choice,  unin 
fluenced  and  unawed ;  adopted 
upon  full  investigation  and  mature 
deliberation;  completely  free  in  its 
principles ;  in  the  distribution  of  its 
powers  uniting  security  with  energy, 
and  containing  within  itself  a  provision 
for  its  own  amendments,  has  a  just 
claim  to  your  confidence  and  your  sup 
port.  Respect  for  its  authority,  com 
pliance  with  its  laws,  acquiescence  in 
its  measures,  are  duties  enjoined  by  the 
fundamental  maxims  of  true  liberty. 
The  basis  of  our  political  systems  is  the 
right  of  the  people  to  make  and  to  alter 
their  constitutions  of  government.  But 
the  constitution  which  at  any  time  ex 
ists,  until  changed  by  an  explicit  and 
authentic  act  of  the  whole  people,  is 
sacredly  obligatory  upon  all.  The  very 
idea  of  the  power  and  the  right  of  the 
people  to  establish  a  government,  pre 
supposes  the  duty  of  every  individual 
to  obey  the  established  government. 

"All  obstructions  to  the  execution 
of  the  laws,  all  combinations  and  asso 
ciations,  under  whatever  plausible  char 
acter,  with  the  real  design  to  direct, 
control,  counteract,  or  awe  the  regular 
deliberations  and  action  of  the  consti 
tuted  authorities,  are  destructive  of 
this  fundamental  principle,  and  of  fatal 
tendency.  They  serve  to  organize  fiic- 
tion ;  to  give  it  an  artificial  and  extra 
ordinary  force ;  to  put  in  the  place  of 
the  delegated  will  of  the  nation,  the 
will  of  a  party,  often  a  small,  but  artful 
and  enterprising  minority  of  the  com- 
rnunity;  and  according  to  the  alter 


nate  triumphs  of  different  parties,  to 
make  the  public  administration  the 
mirror  of  the  ill-concerted  and  incon 
gruous  projects  of  faction,  rather  than 
the  organ  of  consistent  and  wholesome 
plans,  digested  by  common  councils, 
and  modified  by  mutual  interests. 

"  However  combinations  or  associa 
tions  of  the  above  description  may  now 
and  then  answer  popular  ends,  they 
are  likely,  in  the  course  of  time  and 
things,  to  become  potent  engines,  by 
which  cunning,  ambitious,  and  unprin 
cipled  men,  will  be  enabled  to  subvert 
the  power  of  the  people,  and  to  usurp 
for  themselves  the  reins  of  govern 
ment;  destroying  afterwards  the  very 
engines  which  have  lifted  them  to  un- 

O 

just  dominion. 

"  Towards  the  preservation  of  your 
government,  and  the  permanency  of 
your  present  happy  state,  it  is  requisite 
not  only  that  you  steadily  discounte 
nance  irregular  oppositions  to  its  ac 
knowledged  authority,  but  also  that 
you  resist  with  care  the  spirit  of  inno 
vation  upon  its  principles,  however  spe 
cious  the  pretexts.  One  method  of  as 
sault  may  be  to  effect  in  the  forms  of 
the  Constitution  alterations  wrhich  will 
impair  the  energy  of  the  system,  and 
thus  to  undermine  what  cannot  be  di 
rectly  overthrown.  In  all  the  changes 
to  which  you  may  be  invited,  remem 
ber  that  time  and  habit  are  at  least  as 
necessary  to  fix  the  true  characters  of 
governments,  as  of  other  human  insti 
tutions — that  experience  is  the  surest 
standard,  by  which  to  test  the  real  ten 
dency  of  the  existing  constitution  of  a 
country — that  facility  in  changes  upon 
the  credit  of  mere  hypothesis  and  opin- 


CH.  IX.] 


WASHINGTON'S  FAREWELL  ADDRESS. 


395 


ion,  exposes  to  perpetual  change  from 
the  endless  variety  of  hypothesis  and 
opinion;  and  remember,  espe 
cially,  that  for  the  efficient 
management  of  your  common  interests, 
in  a  country  so  extensive  as  ours,  a 
government  of  as  much  vigor  as  is  con 
sistent  with  the  perfect  security  of  lib 
erty,  is  indispensable.  Liberty  itself 
will  find  in  such  a  government,  with 
powers  properly  distributed  and  ad 
justed,  its  surest  guardian.  It  is,  in 
deed,  little  else  than  a  name,  where  the 
government  is  too  feeble  to  withstand 
the  enterprises  of  faction,  to  confine 
each  member  of  the  society  within  the 
limits  prescribed  by  the  laws,  and  to 
maintain  all  in  the  secure  and  tranquil 
enjoyment  of  the  rights  of  person  and 
property. 

"I  have  already  intimated  to  you 
the  danger  of  parties  in  the  state,  with 
particular  reference  to  the  founding 
of  them  on  geographical  discrimina 
tions.  Let  me  now  take  a  more  com 
prehensive  view,  and  warn  you  in  the 
most  solemn  manner  against  the  bane 
ful  effects  of  the  spirit  of  party  gener- 

ally. 

"This  spirit,  unfortunately,  is  insep 
arable  from  our  nature,  having  its  root 
in  the  strongest  passions  of  the  human 
mind.  It  exists  under  different  shapes 
in  all  governments,  more  or  less  stifled, 
controlled,  or  repressed;  but  in  those 
of  the  popular  form,  it  is  seen  in  its 
greatest  rankness,  and  is  truly  their 
worst  enemy. 

"  The  alternate  domination  of  one 
faction  over  another,  sharpened  by  the 
spirit  of  revenge  natural  to  party  dis 
sension,  which  in  different  ages  and 


countries  has  perpetrated  the  most 
horrid  enormities,  is  itself  a  frightful 
despotism.  But  this  leads  at  length  to 
a  more  formal  and  permanent  despot 
ism.  The  disorders  and  miseries  which 
result,  gradually  incline  the  minds  of 
men  to  seek  security  and  repose  in  the 
absolute  power  of  an  individual;  and 
sooner  or  later  the  chief  of  some  pre 
vailing  faction,  more  able  or  more  for 
tunate  than  his  competitors,  turns  this 
disposition  to  the  purposes  of  his  own 
elevation  on  the  ruins  of  public  liberty. 

"  Without  looking  forward  to  an  ex 
tremity  of  this  kind,  (which  neverthe 
less  ought  not  to  be  entirely  out  of 
sight,)  the  common  and  continual  mis 
chiefs  of  the  spirit  of  party  are  suffi 
cient  to  make  it  the  interest  and  duty 
of  a  wise  people  to  discourage  and  re 
strain  it. 

"It  serves  always  to  distract  the 
public  councils,  and  enfeeble  the  pub 
lic  administration.  It  agitates  the  com 
munity  with  ill-founded  jealousies  and 
false  alarms  ;  kindles  the  animosity  of 
one  part  against  another ;  foments  occa 
sional  riot  and  insurrection.  It  opens 
the  door  to  foreign  influence  and  cor 
ruption,  which  find  a  facilitated  access 
to  the  government  itself,  through  the 
channel  of  party  passions.  Thus  the 
policy  and  the  will  of  one  country  are 
subjected  to  the  policy  and  will  of  an 
other. 

"  There  is  an  opinion  that  parties  in 
free  countries  are  useful  checks  upon 
the  administration  of  the  government, 
and  serve  to  keep  alive  the  spirit  of 
liberty.  This,  within  certain  limits,  is 
probably  true  ;  and  in  governments  of 
a  monarchical  cast,  patriotism  may  look 


396 


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[BK.  IV. 


with  indulgence,  if  not  with  favor,  upon 
the  spirit  of  party.  But  in  those  of 
the  popular  character,  in  governments 
purely  elective,  it  is  a  spirit  not  to  be 
encouraged.  From  their  natural  tend 
ency,  it  is  certain  there  will  always  be 
enough  of  that  spirit  for  every  salutary 
purpose ;  and  there  being  constant 
danger  of  excess,  the  effort  ought  to 
be,  by  force  of  public  opinion,  to  miti 
gate  and  assuage  it.  A  fire  not  to  be 
quenched,  it  demands  a  uniform  vigi 
lance  to  prevent  its  bursting  into  a 
name,  lest,  instead  of  warming,  it  should 
consume. 

"It  is  important,  likewise,  that  the 
habits  of  thinking  in  a  free  country 
should  inspire  caution,  in  those  intrusted 
with  its  administration,  to  con 
fine  themselves  within  their  re 
spective  constitutional  spheres,  avoid 
ing  in  the  exercise  of  the  powers  of 
one  department  to  encroach  upon  an 
other.  The  spirit  of  encroachment 
tends  to  consolidate  the  powers  of  all 
the  departments  in  one,  and  thus  to 
create,  whatever  the  form  of  govern 
ment,  a  real  despotism.  A  just  esti 
mate  of  that  love  of  power,  and  prone- 
ness  to  abuse  it,  which  predominate  in 
the  human  heart,  is  sufficient  to  satisfy 
us  of  the  truth  of  this  position.  The 
necessity  of  reciprocal  checks  in  the  ex 
ercise  of  political  power,  by  dividing 
and  distributing  it  into  different  depos 
itories,  and  constituting  each  the  guar 
dian  of  the  public  weal  against  inva 
sions  of  the  others,  has  been  evinced 
by  experiments  ancient  and  modern ; 
some  of  them  in  our  country,  and  under 
our  own  eyes  To  preserve  them  must 
be  as  necessary  as  to  institute  them. 


If,  in  the  opinion  of  the  people,  the  dis 
tribution  or  modification  of  the  consti 
tutional  powers  be  in  any  particular 
wrong,  let  it  be  corrected  by  an  amend 
ment  in  the  way  which  the  Constitu 
tion  designates.  But  let  there  be  no 
change  by  usurpation ;  for  though  this, 
in  one  instance,  may  be  the  instrument 
of  good,  it  is  the  customary  weapon  by 
which  free  governments  are  destroyed. 
The  precedent  must  always  greatly 
overbalance,  in  permanent  evil,  any  par 
tial  or  transient  benefit  which  the  use 
can  at  any  time  yield. 

"  Of  all  the  dispositions  and  habits 
which  lead  to  political  prosperity,  re 
ligion  and  morality  are  indispensable 
supports.  In  vain  would  that  man 
claim  the  tribute  of  patriotism,  who 
should  labor  to  subvert  these  great  pil 
lars  of  human  happiness — these  firmest 
props  of  the  duties  of  men  and  citizens. 
The  mere  politician,  equally  with  the 
pious  man,  ought  to  respect  and  to 
cherish  them.  A  volume  could  not 
trace  all  their  connections  with  private 
and  public  felicity.  Let  it  simply  be 
asked,  where  is  the  security  for  prop 
erty,  for  reputation,  for  life,  if  the  sense 
of  religious  obligation  desert  the  oaths 
which  are  the  instruments  of  investiga 
tion  in  courts  of  justice  ?  And  let  us  with 
caution  indulge  the  supposition  that 
morality  can  be  maintained  without  re 
ligion.  Whatever  may  be  conceded 
to  the  influence  of  refined  education 
on  minds  of  peculiar  structure,  reason 
and  experience  both  forbid  us  to  ex 
pect  that  national  morality  can  prevail 
in  exclusion  of  religious  principles. 

"  It  is  substantially  true,  that  virtue 
or  morality  is  a  necessary  spring  of 


Cn.  IX.] 


WASHINGTON'S  FAREWELL  ADDRESS. 


397 


popular  government.  This  rule  in 
deed  extends  with  more  or  less  force 
to  every  species  of  free  government. 
Who  that  is  a  sincere  friend  to  it  can 
look  with  indifference  upon  attempts 
to  shake  the  foundation  of  the  fabric  ? 

"Promote,  then,  as  an  object  of  pri 
mary  importance,  institutions  for  the 
general  diffusion  of  knowledge.  In 
proportion  as  the  structure  of  a  gov 
ernment  gives  force  to  public  opinion, 
it  is  essential  that  public  opinion  should 
be  enlightened. 

"  As  a  very  important  source  of 
strength  and  security,  cherish  public 
credit.  One  method  of  preserving  it 
is  to  use  it  as  sparingly  as  possible, 
avoiding  occasions  of  expense  by  culti 
vating  peace;  but  remembering  also, 
that  timely  disbursements  to  prepare 
for  danger,  frequently  prevent  much 
greater  disbursements  to  repel  it ;  avoid 
ing  likewise  the  accumulation  of  debt, 
not  only  by  shunning  occasions  of  ex 
pense,  but  by  vigorous  exertions  in 
time  of  peace  to  discharge  the  debts 
which  unavoidable  wars  may  have  oc 
casioned,  not  ungenerously  throwing 
upon  posterity  the  burden  which  we 
ourselves  ought  to  bear.  The  execu 
tion  of  these  maxims  belongs  to  your 
representatives;  but  it  is  necessary  that 
public  opinion  should  co-operate.  To 
facilitate  to  them  the  performance  of 
their  duty,  it  is  essential  that  you 
should  practically  bear  in  mind,  that 
towards  the  payment  of  debts  there 
must  be  revenue ;  that  to  have  revenue 
there  must  be  taxes ;  that  no  taxes  can 
be  devised  which  are  not  more  or  less 
inconvenient  and  unpleasant ;  that  the 
intrinsic  embarrassment  inseparable 
VOL.  II.— 50 


from  the  selection  of  the  proper  ob 
jects,  (which  is  always  a  choice  of  dif 
ficulties,)  ought  to  be  a  decisive  motive 
for  a  candid  construction  of  the  con 
duct  of  the  government  in  making  it, 
and  for  a  spirit  of  acquiescence 

in  the  measures  for  obtaining 

o 

revenue,  which  the  public  exigencies 
may  at  any  time  dictate. 

"  Observe  good  faith  and  justice  to 
wards  all  nations  ;  cultivate  peace  and 
harmony  with  all.  Religion  and  moral 
ity  enjoin  this  conduct ;  and  can  it  be 
that  good  policy  does  not  equally  en 
join  it?  It  will  be  worthy  of  a  free, 
enlightened,  and,  at  no  distant  period, 
a  great  nation,  to  give  to  mankind  the 
magnanimous  and  too  novel  example 
of  a  people  always  guided  by  an  -ex 
alted  justice  and  benevolence.  Who 
can  doubt,  that,  in  the  course  of  time 
and  things,  the  fruits  of  such  a  plan 
would  richly  repay  any  temporary 
advantages  which  might  be  lost  by  a 
steady  adherence  to  it?  Can  it  be,  that 
Providence  has  not  connected  the  per 
manent  felicity  of  a  nation  with  its  vir 
tue  ?  The  experiment,  at  least,  is  re 
commended  by  every  sentiment  which 
ennobles  human  nature.  Alas !  it  is 
rendered  impossible  by  its  vices. 

"  In  the  execution  of  such  a  plan, 
nothing  is  more  essential  than  that  per 
manent  inveterate  antipathies  against 
particular  nations,  and  passionate  at 
tachments  for  others,  should  be  ex 
cluded  ;  and  that  in  place  of  them, 
just  and  amicable  feelings  towards 
all  should  be  cultivated.  The  nation 
which  indulges  towards  another  an 
habitual  hatred,  or  an  habitual  fond 
ness,  is  in  some  degree  a  slave.  It  is  a 


398 


CLOSE   OF  WASHINGTON'S  PUBLIC  LIFE. 


[BK.  IV. 


1796. 


slave  to  its  animosity  or  to  its  affection, 
either  of  which  is  sufficient  to  lead 
it  astray  from  its  duty  and  its 
interest.  Antipathy  in  one  na 
tion  against  another  disposes  each  more 
readily  to  offer  insult  and  injury,  to  lay 
hold  of  slight  causes  of  umbrage,  and 
to  be  haughty  and  intractable  when 
accidental  or  trifling  occasions  of  dis 
pute  occur. 

"Hence  frequent  collisions,  obsti 
nate,  envenomed,  and  bloody  contests. 
The  nation,  prompted  by  ill-will  and 
resentment,  sometimes  impels  to  war 
the  government,  contrary  to  the  best 
calculations  of  policy.  The  govern 
ment  sometimes  participates  in  the  na 
tional  propensity,  and  adopts  through 
passion,  what  reason  would  reject ;  at 
other  times  it  makes  the  animosity  of 
the  nation  subservient  to  projects  of 
hostility  instigated  by  pride,  ambition, 
and  other  sinister  and  pernicious  mo 
tives.  The  peace  often,  sometimes  per 
haps  the  liberty,  of  nations  has  been 
the  victim. 

"So,  likewise,  a  passionate  attach 
ment  of  one  nation  for  another,  pro 
duces  a  variety  of  evils.  Sympathy 
for  the  favorite  nation,  facilitating  the 
illusion  of  an  imaginary  common  inter 
est  in  cases  where  no  real  common  in 
terest  exists,  and  infusing  into  one  the 
enmities  of  the  other,  betrays  the  for 
mer  into  a  participation  in  the  quarrels 
and  wars  of  the  latter,  without  adequate 
inducements  or  justification.  It  leads 
also  to  concessions  to  the  favorite  na 
tion  of  privileges  denied  to  others, 
which  are  apt  doubly  to  injure  the  na 
tion  making  the  concessions,  by  unne 
cessarily  parting  with  what  ought  to 


have  been  retained;  and  by  exciting 
jealousy,  ill-will,  and  a  disposition  to 
retaliate,  in  the  parties  from  whom 
equal  privileges  are  withheld;  and  it 
gives  to  ambitious,  corrupted,  or  de 
luded  citizens,  (who  devote  themselves 
to  the  favorite  nation.)  facility  to  be- 

'  s  «/ 

tray  or  sacrifice  the  interests  of  their 
own  country,  without  odium,  some 
times  even  with  popularity;  gilding 
with  the  appearances  of  a  virtuous 
sense  of  obligation  to  a  commendable 
deference  for  public  opinion,  or  a  laud 
able  zeal  for  public  good,  the  base  or 
foolish  compliances  of  ambition,  cor 
ruption,  or  infatuation. 

"As  avenues  to  foreign  influence  in 
innumerable  ways,  such  attachments  are 
particularly  alarming  to  the  truly  en 
lightened  and  independent  patriot. 
How  many  opportunities  do  they  af 
ford  to  tamper  with  domestic  factions, 
to  practise  the  arts  of  seduction,  to 
mislead  public  opinion,  to  influence  or 
awe  the  public  councils!  Such  an  at 
tachment  of  a  small  or  weak,  towards 
a  great  and  powerful  nation,  dooms  the 
former  to  be  the  satellite  of  the  latter. 
Against  the  insidious  wiles  of  foreign 
influence,  (I-  conjure  you  to  believe  me, 
fellow-citizens,)  the  jealousy  of  a  free 
people  ought  to  be  constantly  awake ; 
since  history  and  experience  prove,  that 
foreign  influence  is  one  of  the  most 
baneful  foes  of  republican  government. 
But  that  jealousy,  to  be  useful,  must 
be  impartial ;  else  it  becomes  the  in 
strument  of  the  very  influence  to  be 
avoided,  instead  of  a  defence  against 
it.  Excessive  partiality  for  one  foreign 
nation,  and  excessive  dislike  of  another, 
cause  those  whom  they  actuate  to  see 


H.  IX.] 


WASHINGTON'S  FAREWELL  ADDRESS. 


300 


1796. 


danger  only  on  one  side,  and  serve  to 
veil  and  even  second  the  arts  of  in 
fluence  on  the  other.  Real  patriots, 
who  may  resist  the  intrigues  of  the  fa 
vorite,  are  liable  to  become  suspected 
and  odious ;  while  its  tools  and  dupes 
usurp  the  applause  and  confidence  of 
the  people,  to  surrender  their  inter 
ests. 

"The  great  rule  of  conduct  for  us, 
in  regard  to  foreign  nations,  is,  in  ex 
tending  our  commercial  rela 
tions,  to  have  with  them  as 
little  political  connection  as  possible. 
So  far  as  we  have  already  formed  en 
gagements,  let  them  be  fulfilled  with 
perfect  good  faith.  Here  let  us  stop. 

"Europe  has  a  set  of  primary  in 
terests,  which  to  us  have  none,  or  a 
very  remote,  relation.  Hence  she  must 
be  engaged  in  frequent  controversies, 
the  causes  of  which  are  essentially 
foreign  to  our  concerns.  Hence,  there 
fore,  it  must  be  unwise  in  us  to  impli 
cate  ourselves  by  artificial  ties,  in  the 
Drdinary  vicissitudes  of  her  politics,  or 
the  ordinary  combinations  and  collisions 
of  her  friendships  or  enmities. 

"  Our  detached  and  distant  situation 
invites  and  enables  us  to  pursue  a  dif 
ferent  course.  If  we  remain  one  people, 
under  an  efficient  government,  the  pe 
riod  is  not  far  off,  when  we  may  defy 
material  injury  from  external  annoy 
ance  ;  when  we  may  take  such  an  atti 
tude  as  will  cause  the  neutrality  we 
may  at  any  time  resolve  upon,  to  be 
scrupulously  respected  ;  when  belliger 
ent  nations,  under  the  impossibility  of 
making  acquisitions  upon  us,  will  not 
lightly  hazard  the  giving  us  provoca 
tion;  when  we  may  choose  peace  or 


war,  as  our  interest,  guided  by  justice, 
shall  counsel. 

"  Why  forego  the  advantages  of  so 
peculiar  a  situation?  Why  quit  our 
own  to  stand  upon  foreign  ground  ? 
Why,  by  interweaving  our  destiny 
with  that  of  any  part  of  Europe,  en 
tangle  our  peace  and  prosperity  in  the 
toils  of  European  ambition,  rivalship, 
interest,  humor,  or  caprice  ? 

"  It  is  our  true  policy  to  steer  clear 
of  permanent  alliances  with  any  por 
tion  of  the  foreign  world;  so  far,  I 
mean,  as  we  are  now  at  liberty  to  do 
it;  for  let  me  not  be  understood  as 
capable  of  patronizing  infidelity  to  ex 
isting  engagements.  I  hold  the  maxim 
no  less  applicable  to  public  than  to 
private  affairs,  that  honesty  is  always 
the  best  policy.  I  repeat  it,  therefore, 
let  those  engagements  be  observed  in 
their  genuine  sense.  But  in  my  opin 
ion,  it  is  unnecessary,  and  would  be  un 
wise,  to  extend  them. 

"Taking  care  always  to  keep  our 
selves,  by  suitable  establishments,  on  a 
respectable  defensive  posture,  we  may 
safely  trust  to  temporary  alliances  for 
extraordinary  emergencies. 

"  Harmony,  and  a  liberal  intercourse 
with  all  nations,  are  recommended  by 
policy,  humanity,  and  interest.  But 
even  our  commercial  policy  should 
hold  an  equal  and  impartial  hand ; 
neither  seeking  nor  granting  exclusive 
favors  or  preferences;  consulting  the 
natural  course  of  things ;  diffusing 
and  divers!  fying  by  gentle  means,  the 
streams  of  commerce,  but  forcing  noth 
ing;  establishing,  with  powers  so  dis 
posed, — in  order  to  give  trade  a  stable 
course,  to  define  the  rights  of  our  mer 


400 


CLOSE  OF  WASHINGTON'S  PUBLIC  LIFE. 


[BK.  IV 


cliants,  and  to  enable  the  government 
to  support  them, — conventional  rules 
of  intercourse,  the  best  that  present 
circumstances  and  mutual  opinion  will 
permit,  but  temporary,  and  liable  to  be 
from,  time  to  time  abandoned  or  va 
ried,  as  experience  and  circumstances 
shall  dictate ;  constantly  keeping  in 
view,  that  it  is  folly  in  one  nation  to 
look  for  disinterested  favors  from  an 
other  ;  that  it  must  pay  with  a  portion 
of  its  independence  for  whatever  it 
may  accept  under  that  character  ;  that 
by  such  acceptance,  it  may  place  itself 
in  the  condition  of  having  given  equiv 
alents  for  nominal  favors,  and  yet  of 
being  reproached  with  ingratitude  for 
not  giving  more.  There  can  be  no 
greater  error  than  to  expect  or  calcu 
late  upon  real  favors  from  nation  to 
nation.  It  is  an'  illusion  which  expe 
rience  must  cure,  which  a  just  pride 
ought  to  discard. 

"  In  offering  to  you,  my  country 
men,  these  counsels  of  an  old  and 
affectionate  friend,  I  dare  not 
hope  they  will  make  the  strong 
and  lasting  impression  I  could  wish  ; 
that  they  will  control  the  usual  cur 
rent  of  the  passions,  or  prevent  our 
nation  from  running  the  course  which 
has  hitherto  marked  the  destiny  of  na 
tions.  But  if  I  may  even  flatter  my 
self,  that  they  may  be  productive  of 
some  partial  benefit,  some  occasional 
good;  that  they  may  now  and  then 
recur  to  moderate  the  fury  of  party 
spirit ;  to  warn  against  the  mischiefs 
of  foreign  intrigue ;  to  guard  against 
the  impostures  of  pretended  patriot 
ism;  this  hope  will  be  a  full  recom 
pense  for  the  solicitude  for  your  wel- 


1796. 


fare,  by  which  they  have  been  dic 
tated. 

"How  far,  in  the  discharge  of  my 
official  duties,  I  have  been  guided  by 
the  principles  which  have  been  delin 
eated,  the  public  records  and  other 
evidences  of  my  conduct  must  witness 
to  you  and  to  the  world.  To  myself, 
the  assurance  of  my  own  conscience  is, 
that  I  have  at  least  believed  myself  to 
be  guided  by  them. 

"In  relation  to  the  still  subsisting 
war  in  Europe,  my  proclamation  of 
the-22d  of  April,  1T93,  is  the  index  to 
my  plan.  Sanctioned  by  your  approv 
ing  voice,  and  by  that  of  your  repre 
sentatives  in  both  houses  of  Congress, 
the  spirit  of  that  measure  has  continu 
ally  governed  me ;  uninfluenced  by  any 
attempts  to  deter  or  divert  me  from  it. 

"  After  deliberate  examination,  with 
the  aid  of  the  best  lights  I  could  ob 
tain,  I  was  well  satisfied  that  our  coun 
try,  under  all  the  circumstances  of  the 
case,  had  a  right  to  take,  and  was  bound 
in  duty  and  interest  to  take,  a  neutral 
position.  Having  taken  it,  I  determin 
ed,  as  far  as  should  depend  upon  me,  to 
maintain  it  with  moderation,  persever 
ance,  and  firmness. 

"The  considerations  which  respect 
the  right  to  hold  this  conduct,  it  is  not 
necessary  on  this  occasion  to  detail.  I 
will  only  observe,  that  according  to  my 
understanding  of  the  matter,  that  right, 
so  far  from  being  denied  by  any  of  the 
belligerent  powers,  has  been  virtually 
admitted  by  all. 

"The  duty  of  holding  a  neutral  con 
duct  may  be  inferred,  without  anything 
more,  from  the  obligation  which  justice 
and  humanity  impose  on  every  nation, 


CH.  JX.J 


STRUGGLES  OF  THE  TWO  PARTIES. 


401 


in  cases  in  which  it  is  free  to  act,  to 
maintain  inviolate  the  relations  of  peace 
and  amity  towards  other  nations. 

"  The  inducements  of  interest  for 
observing  that  conduct  will  best  be 
referred  to  your  own  reflections  and 
experience.  With  me,  a  predominant 
motive  has  been  to  endeavor  to  gain 
time  to  our  country  to  settle  and  mature 
its  yet  recent  institutions,  and  to  pro 
gress,  without  interruption,  to  that  de 
gree  of  strength  and  consistency,  which 
is  necessary  to  give  it,  humanly  speak 
ing,  the  command  of  its  own  fortunes. 

"Though  in  reviewing  the  incidents 
of  my  administration,  I  am  unconscious 
of  intentional  error,  I  am  nevertheless 
too  sensible  of  my  defects  not  to  think 
it  probable  that  I  may  have  committed 
many  errors.  Whatever  they  may  be, 
I  fervently  beseech  the  Almighty  to 
avert  or  mitigate  the  evils  to  which 
they  may  tend.  I  shall  also  carry  with 
me  the  hope  that  my  country  will  never 
cease  to  view  them  with  indulgence  • 

D  ' 

and  after  forty-five  years  of  my  life 
dedicated  to  its  service,  with  an  up 
right  zeal,  the  faults  of  incompetent 
abilities  will  be  consigned  to  oblivion, 
as  myself  must  soon  be  to  the  man 
sions  of  rest. 

"  Kelying  on  its  kindness  in  this  as  in 
other  things,  and  actuated  by  that  fer 
vent  love  towards  it,  which  is  so  natural 
to  a  man  who  views  in  it  the  native  soil 
of  himself  and  his  progenitors  for  several 
generations ;  I  anticipate  with  pleasing 
expectation  that  retreat,  in  which  I 
promise  myself  to  realize,  without  al 
loy,  the  sweet  enjoyment  of  partaking, 
in  the  midst  of  my  fellow-citizens,  the 
benign  influence  of  good  laws  under  a 


free  government — the  ever  favorite  ob 
ject  of  my  heart,  and  the  happy  re 
ward,  as  I  trust,  of  our  mutual  cares, 
labors,  and  dangers. 

"  UNITED  STATES,  Sept.  17,  1796." 

This  valedictory  address  was  received 
in  every  part  of  the  United  States  with 
the  profoundest  reverence  and  regard 
for  the  father  of  his  country.  The  state 
legislatures,  when  they  assembled,  and 
other  public  bodies,  voted  addresses 
and  thanks  to  the  president,  and  express 
ed  their  respect  for  his  person, 
their  high  sense  of  his  exalted 
services,  and  the  emotions  with  which 
they  viewed  his  retirement  from  office. 
In  some  of  the  states,  the  Farewell 
Address  was  printed  and  published 
with  the  laws,  by  order  of  the  legisla 
tures,  as  an  evidence  of  the  value  they 
attached  to  its  precepts,  and  their  sin 
cere  attachment  to  its  author.* 

Washington,  who  alone  was  able  to 
command  the  voice  of  the  whole  peo 
ple,  having  declined  a  re-election,  the 
two  great  parties  prepared  for  a  vigor 
ous  struggle  respecting  his  successor. 
The  federalists,  after  some  considera 
tion,  determined  to  support  John 
Adams  for  president,  and  Thomas 
Pinckney  for  vice-president.  The  re 
publicans,  without  hesitation,  took  up 
Thomas  Jefferson  as  their  strongest 
candidate  for  the  presidency. 

The  struggle  was  one  of  no  little 
moment,  and  excited  the  deepest  at 
tention  and  concern  throughout  the 


*  For  some  interesting  particulars  respecting  the 
Farewell  Address,  see  Sparks's  "Life  of  Washing 
ton,"  pp.  525-30. 


402 


CLOSE  OF  WASHINGTON'S   PUBLIC  LIFE. 


[BK.  IV. 


1796. 


country.  Its  progress  was  watched 
with  great  interest,  abroad  as  well  as 
at  home  ;  and  according  as  one  or  the 
other  party  was  likely  to  attain  suc 
cess,  were  the  fears  and  the  hopes  of 
enemies  and  friends  roused  and  de 
pressed.  In  addition  to  the  usual  un 
scrupulous  and  vile  excesses  of  party 
spirit  and  party  vindictiveness,  one  re 
markable  event  requires  notice.  Genet, 
it  will  be  remembered,  had  insulted 
Washington  by  threatening  an  appeal 
to  the  people ;  it  remained  to  Adet  to 
commit  a  still  greater  outrage 
upon  the  American  people,  by 
directly  interfering  for  the  purpose  of 
promoting  the  election  of  the  republican 
candidate.* 

On  the  15th  of  November,  when  the 
election  was  just  at  hand,  while  the  par 
ties  were  so  balanced  that  neither  scale 
could  be  perceived  to  preponderate, 
Adet  addressed  a  letter  to  the  secre 
tary  of  state,  in  which  he  recapitulated 
the  numerous  complaints  which  had 
been  urged  against  the  government, 
and  reproached  it,  in  terms  of  great 
asperity,  with  violating  those  treaties 
which  had  secured  its  independence, 
with  ingratitude  to  France,  and  with 
partiality  to  England.  These  wrongs, 
which  commenced  with  the  "insidious" 


*  It  was  about  this  date,  as  Mr.  Tucker  states,  that 
Mr'.  Jefferson  wrote  that  letter  to  Mazzei  which 
caused  subsequently  a  good  deal  of  noise  in  the 
United  States.  Mazzei  translated  the  portion  re 
lating  to  politics  into  Italian,  and  published  it  at 
Florence ;  it  was  then  translated  into  French,  and 
published  in  the  Moniteur,  at  Paris;  and  the  year 
following,  retranslated  into  English,  it  roused  pub 
lic  attention  at  home.  For  the  passage  in  the 
original  letter,  as  quoted  by  Mr.  Tucker,  see  Appen 
dix  I.,  at  the  end  of  the  present  chapter. 


proclamation  of  neutrality,  were  said 
to  be  so  aggravated  by  the  treaty  with 
Great  Britain,  that  Adet  announced 
the  orders  of  the  Directory  to  suspend 
his  ministerial  functions  with  the  fed 
eral  government.  "  But  the  cause,"  he 
added,  "which  has  so  long  restrained 
the  just  resentment  of  the  Executive 
Directory  from  bursting  forth,  now  tem 
pered  its  effects.  The  name  of  America, 
notwithstanding  the  wrongs  of  its  gov 
ernment,  still  excited  sweet  sensations  in 
the  hearts  of  Frenchmen ;  and  the  Ex 
ecutive  Directory  wished  not  to  break 
with  a  people  whom  they  loved  to  sa 
lute  with  the  appellation  of  friend." 

This  suspension  of  his  functions, 
therefore,  was  not  to  be  regarded  "as 
a  rupture  between  France  and  the 
United  States,  but  as  a  mark  of  just 
discontent  which  was  to  last  until  the 
government  of  the  United  States  re 
turned  to  sentiments  and  to  measures 
more  conformable  to  the  interests  of 
the  alliance,  and  to  the  sworn  friend 
ship  between  the  two  nations."  "  Oh 
Americans,  covered  with  noble  scars !" 
were  some  of  his  concluding  imperti 
nences  ;  "  Oh  you  who  have  so  often 
flown  to  death  and  to  victory  with 
French  soldiers  !  You  who  know  those 
generous  sentiments  which  distinguish 
the  true  warrior !  Whose  hearts  have 
always  vibrated  with  those  of  your  com 
panions  in  arms !  Consult  them  to-day 
to  know  what  they  experience ;  recollect 
at  the  same  time,  that  if  magnanimous 
souls  with  liveliness  resent  an  affront, 
they  also  know  how  to  forget  one.  Let 
your  government  return  to  itself,  and 
you  will  still  find  in  Frenchmen,  faith 
ful  friends  and  generous  allies." 


CH.  IX.] 


WASHINGTON'S  LAST  SPEECH  TO   CONGRESS. 


403 


As  if  to  remove  any  possible  doubt 
respecting  the  purpose  for  which  this 
extraordinary  letter  was  written,  a 
copy  was  transmitted,  on  the  day  of 
its  date,  to  a  printer,  for  publication. 
But  Adet  overshot  the  mark.  Like 
his  predecessors,  he  does  not  appear  to 
have  at  all  comprehended  the  true 
character  of  the  American  people,  who 
are  extremely  sensitive  on  the  point  of 
outside  interference,  and  scorn  every 
thing  like  dictation  in  regard  to  their 
internal  affairs.  The  very  grossness  of 
the  insult  caused  many  of  the  partisans 
of  France  to  be  seized  with  disgust  at 
the  course  of  Adet,  and  nerved  the 
federalists  to  fresh  exertion  in  order  to 
defeat  the  republican  candidate. 

Congress  came  together  early  in  De 
cember,  before  the  contest  was  finish 
ed.*  On  the  7th,  he  met  both 
Houses  in  the  Senate-chamber, 
for  the  last  time,  and  delivered  an 
unusually  interesting  opening  speech. 
Presenting  an  able  and  comprehensive 
view  of  the  present  situation  of  the 
United  States,  and  the  steps  which  had 
been  taken  with  regard  to  commercial 
affairs,  he  added ;  "  To  an  active  exter 
nal  commerce,  the  protection  of  a  naval 


*  On  the  first  day  of  the  session,  "  a  delegate  from 
the  newly-added  state  of  Tennessee  appeared,  was 
qualified,  and  took  his  seat ;  one  who,  young  and  un 
known  as  he  then  was,  destiny  had  marked  out  as 
the  future  ruler  of  the  nation,  into  whose  grand 
council  he  now  came  as  the  first  Representative  of 
its  youngest  member ;  and  how  many  on  that  floor 
foresaw,  in  his  gaunt  frame  and  iron  visage,  a  suc 
cessor  of  him  who  was  now  to  bid  them  farewell, 
the  man  who,  for  good  or  for  evil,  was  to  wield  the 
future  destinies  of  his  country  with  the  power  of  a 
Caesar!" — Gibbs's  '•'•Administrations  oj  Washington 
and  Adams,"  vol.  i.,  p.  405. 


179G. 


force  is  indispensable.  This  is  manifest 
with  regard  to  wars  in  which  a  state 
itself  is  a  party ;  but  besides  this,  it  is 
in  our  own  experience  that  the  most 
sincere  neutrality  is  not  a  sufficient 
guard  against  the  depredations  of  na 
tions  at  war.  To  secure  respect  to  a 
neutral  flag  requires  a  naval  force,  or 
ganized  and  ready  to  vindicate  it  from 
insult  or  aggression.  This  may  even 
prevent  the  necessity  of  going  to  war, 
by  discouraging  belligerent  powers 
from  committing  such  violations  of  the 
rights  of  the  neutral  party  as  may,  first 
or  last,  leave  no  other  option.  From 
the  best  information  I  have  been  able 
to  obtain,  it  would  seem  as  if  our  trade 
to  the  Mediterranean,  without  a  pro 
tecting  force,  will  always  be  insecure, 
and  our  citizens  exposed  to  the  calam 
ities  from  which  numbers  of  them  have 
but  just  been  relieved."  With  these 
views  he  suggested  the  propriety  of 
gradually  creating  a  navy,  by  provid 
ing  and  laying  up  materials  for  build 
ing  and  equipping  ships  of  war,  and  to 
proceed  in  the  work  as  the  resources 
of  the  country  should  increase. 

He  next  invited  the  attention  of  the 
national  legislature  to  the  encourage 
ment  of  manufactures  and  agriculture, 
as  well  as  to  the  establishment  of  a  mili 
tary  academy  and  a  national  university. 
Alluding  to  the  late  conduct  of  the 
French  government  by  saying,  that 
while  in  our  external  relations  some  seri 
ous  inconveniences  and  embarrassments 
had  been  overcome,  and  others  less 
ened,  it  was  with  much  pain  and  regret 
that  he  had  to  state,  that  circumstances 
of  a  very  unwelcome  nature  had  lately 
occurred.  ''  Our  trade  has  suffered  and 


404 


CLOSE  OF  WASHINGTON'S  PUBLIC  LIFE. 


[BK.  IV. 


is  suffering  extensive  injuries  in  the 
West  Indies,  from  the  cruisers  and 
agents  of  the  French  republic;  and 
communications  have  been  received 
from  its  minister  here,  which  indicate 
the  danger  of  a  further  disturbance  of 
our  commerce  by  its  authority,  and 
which  are  far  from  agreeable." 

Reserving  this  subject  for  a  special 
message,  the  president  spoke  of  the 
nourishing  state  of  the  revenue;  his 
hope  that  the  national  debt  would  be 
speedily  liquidated;  and  his  anxiety 
respecting  a  proper  militia  system ;  and 
concluded  his  speech  in  the  following 
touching  words : 

"  The  situation  in  which  I  now  stand, 
for  the  last  time,  in  the  midst  of  the 
representatives  of  the  people  of  the 
United  States,  naturally  recalls  the 
period  when  the  administration  of 
the  present  form  of  government  com 
menced  ;  and  I  cannot  omit  the  oc 
casion  to  congratulate  you  and 
my  country  on  the  success  of 
the  experiment ;  nor  to  repeat  my 
fervent  supplications  to  the  Supreme 
Ruler  of  the  universe,  and  Sovereign 
Arbiter  of  nations,  that  his  provi 
dential  care  may  be  extended  to 
the  United  States;  that  the  virtue 
and  happiness  of  the  people  may  be 
preserved;  and  that  the  government 
which  they  have  instituted  for  their 
protection  may  be  perpetual."* 


*  Jefferson  (  Works,  vol.  ix.,  p.  99)  states,  that  "Wash 
ington  was  beginning  to  fail  evidently,  in  energy, 
ability,  and  decision  of  purpose.  He  says  also,  that 
his  memory  was  sensibly  impaired  by  age,  etc.  These 
are  mere  opinions,  and  are  sufficiently  contradicted 
by  the  occurrences  of  the  subsequent  years  of  Wash 
ington's  life. 


1796. 


The  answer  of  the  Senate  was  cor 
dial,  and  expressed  in  terms  which  did 
honor  to  their  manly  sensibilities.  In 
the  House,  however,  where,  under  the 
circumstances,  one  might  have  looked 
for  unanimity  in  the  avowing  warm  at 
tachment  to  the  president  personally, 
and  approval  of  his  administration, 
Mr.  Giles,  Andrew  Jackson,  and  a  few 
others,  distinguished  themselves  by 
voting  to  expunge  all  those  paragraphs 
in  the  answer,  as  reported  by  the  com 
mittee,  which  expressed  attachment  to 
the  person  and  character  of  the  pres 
ident,  approbation  of  his  administra 
tion,  or  regret  at  his  retiring  from 
office.  Nevertheless,  after  an  animated 
debate,  the  motion  to  strike  out  was 
lost,  and  the  answer  was  carried  by  a 
very  large  majority. 

The  depredations  of  the  French  upon 
American  commerce  were  carried  on 
with  unblushing  audacity.  American 
vessels  were  taken  and  condemned, 
even  because  bound  to  a  British  port, 
and  on  various  other  new  and  frivolous 
pretences.  The  want  of,  or  informality 
in,  a  bill  of  lading;  the  want  of  a  cer 
tified  list  of  the  passengers  and  crew ; 
the  supercargo  being  by  birth  a  for 
eigner,  although  a  naturalized  citizen 
of  the  United  States ;  the  destruction 
of  a  paper  of  any  kind  whatever ;  and 
the  want  of  a  sea-letter ;  were  sufficient 
reasons  for  condemnation. 

On  the  19th  of  January,  1Y97,  the 
president,  agreeably  to  the  intimation 
in  his  speech  at  the  opening  of  the 
session,  communicated  to  Congress  the 
state  of  the  relations  of  the 
country  with  the  French  repub 
lic.  This  embraced  an  elaborate  re- 


1797. 


CH.  IX.] 


EESULT  OF  THE  ELECTION. 


405 


view  of  the  conduct  of  France  and  her 
ministers  towards  the  United  States, 
and  of  their  various  complaints  against 
the  American  government,  from  an 
early  period  of  the  European  war ; 
and  which  was  embodied  in  a  letter 
from  the  secretary  of  state  to  General 
Pinckney,  the  American  minister  in 
France.  It  contained  not  only  an  able 
review,  but  an  ample  refutation  of  the 
various  charges  made  by  France,  as 
well  as  a  complete  justification  of  the 
conduct  of  President  Washington  to 
wards  that  nation,  during  a  period 
most  interesting  to  his  country,  and 
most  trying  to  himself.  This  exposi 
tion  was  made  to  enable  General  Pinck 
ney  more  fully  to  make  explanations  to 
the  French  government,  as  well  as  to 
present  to  the  American  people  the 
views  of  the  president  in  his  conduct 
towards  France ;  views,  which  had  been 
so  grossly  misrepresented.  We  are 
sorry  to  say,  however,  that  the  effect 
produced  by  this  very  able  letter,  and 
the  accompanying  documents,  was  not 
such  as  had  been  hoped  for,  either  at 
home  or  in  France. 

Notwithstanding  the  various  meas 
ures  recommended  by  the  president  in 
his  opening  speech,  little  was  done  du 
ring  the  present  session  of  Congress. 
The  great  political  struggle  absorbed 
every  other  consideration,  and  there 
was  not  much  disposition  to  attend  to 
public  affairs  at  so  interesting  a  crisis. 
The  attempt  to  organize  the  militia 
efficiently  was  a  failure;  and  it  was 
even  proposed  to  reduce  the  army, 
scanty  as  it  was;  and  to  prevent  the 
building  of  the  frigates  which  had 
been  ordered.  The  secretary  of  the 
VOL.  II.— 51 


treasury  brought  forward  his  report,  as 
ordered  in  the  foregoing  session,  and 
suggested,  as  a  means  of  making  up 
the  million  and  a  quarter  of  yearly  de 
ficit,  a  tax  upon  lands,  houses,  and  slaves. 
This  was  rejected  by  the  House,  and  in 
stead,  an  additional  impost  upon  certain 
articles  was  adopted;  making,  in  fact, 
another  new  tariff.  The  appropria 
tions,  in  addition  to  the  sum  required 
for  the  interest  on  the  debt,  were  about 
$2,500,000. 

On  the  8th  of  February,  the  electo 
ral  votes  were  opened  and  counted  in 
the  presence  of  both  Houses;*  and 
John  Adams  announced  the  fact  from 
the  chair  of  the  vice-president,  that 
he  himself  had  received  seventy-one 
votes;  Thomas  Jefferson,  sixty-eight; 
Thomas  Pinckney,  fifty-nine ;  Aaron 
Burr,  thirty ;  and  that  the  balance  of 
the  votes  were  given  in  varying  small 
numbers,  to  Samuel  Adams,  Oliver 
Ellsworth,  John  Jay,  etc.  The  total 
number  of  electors  was  a  hundred  and 
thirty-eight.  Thus,  John  Adams  be 
came  the  second  president  of  the 
United  States;  and  by  some  unfor 
tunate  mismanagement  on  the  part  of 
the  federalists,  Pinckney  missed  the 
vice-presidency,  and  the  man  of  all 
others  most  dreaded  by  the  federal 


*  Before  the  result  of  the  election  was  known, 
Jefferson  wrote  to  Madison  and  others,  declaring 
how  gladly  he  would  take  the  second  office  in  pref 
erence  to  the  first ;  and  adds,  "  If  Mr.  Adams  could 
be  induced  to  administer  the  government  on  its  true 
principles,  quitting  his  bias  for  an  English  constitu 
tion,  it  would  be  worthy  of  consideration  whether  it 
would  not  be  for  the  public  good,  to  come  to  a  good 
understanding  with  him  as  to  his  future  elections. 
He  is  the  only  sure  barrier  against  Hamilton's  get 
ting  in." 


406 


CLOSE  OF   WASHINGTON'S   PUBLIC  LIFE. 


.  IV. 


party,  was  placed  in  the  very  front 
rank  of  the  republicans,  and  with  the 
clear  presage  of  success  in  the  future. 
To  use  Mr.  Adams's  words,  it  thus  hap 
pened,  that  "under  the  operation  of 
the  Constitution,  Mr.  Jefferson,  though 
really  the  competitor  for  the  presi 
dency,  yet,  as  standing  second  on  the 
list  of  suffrages,  became  the  vice-presi 
dent  for  four  years.  The  great  oppo 
nent  of  the  federalists  was  thus  put  in 
a  conspicuous  place  for  the  succession, 
by  the  very  act  of  those  who  enter 
tained  a  dread  amounting  almost  to 
mania  of  the  bare  possibility  of  his 
elevation.  Neither  is  this  the  only  in 
stance  furnished  by  the  records  of  a 
popular  government,  of  the  manner  in 
which  the  keenest  political  contrivances 
are  apt  not  only  to  baffle  all  the  expec 
tations  formed  of  them,  but  to  pre 
cipitate  the  very  results  against  which 
they  were  designed  most  sedulously  to 
avoid."* 

Washington  had  uniformly  treated 

the  calumnies  of  his  enemies  with  the 

contempt  which  they  deserved.    In  one 

instance  only  did  he  think  it  necessary 

to  depart  from  the  rule  which 

1YO7. 

he  had  laid  down  for  himself 
on  this  subject.  A  volume  of  forged 
letters,  purporting  to  be  from  General 
Washington  to  John  Parke  Custis  and 
Lund  Washington,  was  published  by 
the  British,  in  the  year  17TT,  and  was 
given  to  the  public  as  being  found  in  a 
small  portmanteau,  left  in  the  care  of 


*  '•'•Life  and  WorTcs  of  John  Adams,"  vol.  i.,  p.  493. 
The  grandson  of  Mr.  Adams  charges  upon  Mr.  Ham 
ilton  and  his  friends,  the  attempting,  by  a  shrewd 
trick,  to  supplant  John  Adams  and  place  Thomas 
Pinckney  in  the  presidential  chair.  See  pp.  490-93. 


his  mulatto  servant,  Billy,  who,  it  was 
said  by  the  editors,  had  been  taken 
prisoner  at  Fort  Lee,  in  17Y6.  These 
letters  were  intended  to  produce  in  the 
public  mind,  impressions  unfavorable  to 
the  integrity  of  Washington's  motives, 
and  to  represent  his  inclinations  as  at 
variance  with  his  profession  and  duty. 
The  first  edition  of  these  spurious  let 
ters  speedily  sunk  into  oblivion;  but 
some  mean  and  malignant  politicians 
unearthed  them,  and  they  were  repub- 
lished  during  the  last  year  of  Washing 
ton's  presidency.  On  the  morning  of 
the  concluding  day  of  his  public  life,  he 
addressed  a  letter  to  the  secretary  of 
state,  in  which,  after  enumerating  all 

'  '  O 

the  facts  and  dates  connected  with  the 
forgery,  and  declaring  that  he  had 
hitherto  deemed  it  unnecessary  to  take 
any  formal  notice  of  the  imposition,  he 
concluded  as  follows : — "  But  as  I  can 
not  know  how  soon  a  more  serious  event 
may  succeed  to  that  which  will  this  day 
take  place,  I  have  thought  it  a  duty 
that  I  owed  to  myself,  to  my  country, 
and  to  truth,  now  to  detail  the  circum 
stances  above  recited,  and  to  add  my 
solemn  declaration,  that  the  letters 
herein  described,  are  a  base  forgery; 
and  that  I  never  saw  or  heard  of  them 
until  they  appeared  in  print.  The  pres 
ent  letter  I  commit  to  your  care,  and 
desire  it  may  be  deposited  in  the  office 
of  the  department  of  state,  as  a  testi 
mony  of  the  truth  to  the  present  gen 
eration  and  to  posterity."* 

Washington  having  discharged  the 

*  "  A  History  of  the  United  States  for  the  year 
1796"  appeared  in  1797,  in  which  Hamilton  was 
charged  with  peculation  and  fraud.  This  led  to  an 
immediate  reply  from  Hamilton,  in  which,  while  he 


CH.  IX.] 


WASHINGTON   RETIRES  TO   PRIVATE  LIFE. 


407 


duties  of  courtesy  and  propriety  to 
wards  his  successor,  gladly  prepared 
to  hasten  to  the  delightful  repose  of 
Mount  Vernon.  "To  the  wearied 
traveller,"  as  he  said  in  a  letter  to 
General  Knox,  written  the  day  before 
he  ceased  to  be  president,  "  who  sees  a 
resting-place,  and  is  bending  his  body 
to  lean  thereon,  I  now  compare  myself; 
but  to  be  suffered  to  do  this  in  peace,  is 
too  much  to  be  endured  by  some.  To 
misrepresent  my  motives,  to  reprobate 
my  politics,  and  to  weaken  the  confi 
dence  which  has  been  reposed  in  my 
administration,  are  objects  which  can 
not  be  relinquished  by  those 
who  will  be  satisfied  with  noth 
ing  short  of  a  change  in  our  political 
system.  The  consolation,  however, 
which  results  from  conscious  rectitude, 
and  the  approving  voice  of  my  country, 
unequivocally  expressed  by  its  repre 
sentatives,  deprive  their  sting  of  its 
poison,  and  place  in  the  same  point  of 
view  both  the  weakness  and  malignity 
of  their  efforts.  Although  the  pros 
pect  of  retirement  is  most  grateful  to 
my  soul,  and  I  have  not  a  wish  to  mix 
again  in  the  great  world,  or  to  partake 
in  its  politics,  yet  I  am  not  without  my 
regrets  at  parting  with  (perhaps  never 
more  to  meet)  the  few  intimates  whom 
I  love.  Among  these,  be  assured,  you 


n 


are  one. 

In    this    connection,   the    following 

refuted  the  charge  of  dishonesty  easily  enough,  he 
brought  to  light  a  discreditable  intrigue  with  "Mrs. 
Reynolds,"  so  called,  in  which  he  had  some  years 
previously  been  inveigled.  The  details  obviously 
need  not  be  gone  into;  it  is  painful  to  allude  to  them 
even,  for  Hamilton  is  one  respecting  whom  we  hearti 
ly  wish,  that  he  had  not  stained  his  good  name  with 
this  violation  of  the  command  of  God. 


anecdote  by  the  venerable  Bishop 
White  is  worthy  of  being  quoted : 
"  On  the  day  before  President  Wash 
ington  retired  from  office,  a  large  com 
pany  dined  with  him.  Among  them 
were  the  foreign  ministers  and  their 
ladies,  Mr.  and  Mrs.  Adams,  Mr.  Jeffer 
son,  and  other  conspicuous  persons  of 
both  sexes.  During  the  dinner,  much 
hilarity  prevailed ;  but,  on  the  removal 
of  the  cloth,  it  was  put  an  end  to  by 
the  president,  certainly  without  design. 
Having  filled  his  glass,  he  addressed  the 
company  with  a  smile,  as  nearly  as  can 
be  recollected  in  the  following  words : 
1  Ladies  and  gentlemen,  this  is  the  last 
time  I  shall  drink  your  health  as  a  pub 
lic  man.  I  do  it  with  sincerity,  wishing 
you  all  possible  happiness.'  There  was 
an  end  of  all  pleasantry.  He  who  gives 
this  relation  accidentally  directed  his 
eye  to  the  lady  of  the  British  minis 
ter,  Mrs.  Liston,  and  tears  were  running 
down  her  cheeks." 

The  citizens  of  Philadelphia  prepared 
a  splendid  banquet  in  honor  of  Wash 
ington,  which  was  graced  by  the  pres 
ence  of  the  most  distinguished  men  in 
the  country.  Everywhere,  on  the  road 
home,  he  was  welcomed  with  that  en 
thusiastic  devotion  which  the  people 
never  failed  to  manifest  towards  him. 
His  endeavors  to  render  his  journey 
private  were  unavailing ;  and  the  gen 
tlemen  of  that  part  of  the  country 
through  which  he  passed,  were  still 
ambitious  of  testifying  their  sentiments 
for  the  man  who  had,  from  the  birth 
of  the  republic,  been  deemed  "  first  in 
war,  first  in  peace,  first  in  the  hearts  of 
his  countrymen."  And  long  after  his 
retirement,  he  continued  to  receive  ad- 


408 


CLOSE  OF  WASHINGTON'S   PUBLIC  LIFE. 


[BK.  IV. 


dresses  from  legislative  bodies,  and  va 
rious  classes  of  citizens,  expressive  of 
the  hi^h  sense  entertained  of  his  in- 

O 

valuable  services. 

On  a  review  of  the  eight  years  of 
public  life  of  the  illustrious  first  presi 
dent,  there  can  hardly  remain  a  doubt 
in  the  minds  of  any  Americans,  of  the 
ability,  wisdom,  and  energy  with  which 
he  discharged  his  weighty  responsibili 
ties.  Notwithstanding  the  violence  and 
malignancy  of  party  spirit,  and  the  furi 
ous  assaults  to  which  his  administration 
was  subjected,  Washington  had  firmly 
settled  the  practical  working  of  the 
Constitution  of  the  United  States.  "  In 
the  midst  of  the  most  appalling  obsta 
cles,  through  the  bitterest  internal  dis 
sensions,  and  the  most  formidable  com 
binations  of  foreign  antipathies  and 
cabals,  he  had  subdued  all  opposition 
to  the  Constitution  itself;*  had  averted 
all  dangers  of  European  war;  had  re 
deemed  the  captive  children  of  his 
country  from  Algiers  ;  had  re 
duced  by  chastisement,  and  con 
ciliated  by  kindness,  the  most  hostile 
of  the  Indian  tribes ;  had  restored  the 
credit  of  the  nation,  and  redeemed  their 
reputation  of  fidelity  to  the  performance 
of  their  obligations ;  had  provided  for 
the  total  extinguishment  of  the  public 
debt ;  had  settled  the  Union  upon  the 
immovable  foundation  of  principles,  and 
had  drawn  around  his  head  for  the  ad 
miration  and  emulation  of  after  times, 
a  brighter  blaze  of  glory  than  had  ever 

*  "Jubilee  of  the  Constitution,"  p.  113.  Mr.  Gibbs 
(vol.  i.,  pp.  444—50)  has  some  eloquent  and  interest 
ing  remarks  and  reflections  on  the  subject  of  Wash 
ington's  retirement  into  private  life.  See  Appendix 
II.,  at  the  end  of  the  present  chapter. 


1797. 


encircled  the  brows  of  hero  or  states 
man,  patriot  or  sage." 

The  results  of  Washington's  arduous 
labors  are  so  well  summed  up  by  his 
intimate  friend  and  biographer,  that 
we  shall  close  the  present  chapter  with 
his  clear  and  comprehensive  words, 
when  contrasting  the  position  of  affairs 
in  179*7,  with  what  existed  in  1788. 

"  At  home,  a  sound  credit  had  been 
created ;  an  immense  floating  debt  had 
been  funded  in  a  manner  perfectly  satis 
factory  to  the  creditors ;  an  ample  reve 
nue  had  been  provided ;  those  difficul 
ties  which  a  system  of  internal  taxation, 
on  its  first  introduction,  is  doomed  to 
encounter,  were  completely  removed: 
and  the  authority  of  government  was 
firmly  established.  Funds  for  the  gra 
dual  payment  of  the  debt  had  been 
provided ;  a  considerable  part  of  it  had 
been  actually  discharged ;  and  that  sys 
tem  which  has  operated  its  entire  ex 
tinction,  had  been  matured  and  adopted. 
The  agricultural  and  commercial  wealth 
of  the  nation  had  increased  beyond  all 
former  example.  The  numerous  tribes 
of  warlike  Indians,  inhabiting  those  im 
mense  tracts  which  lie  between  the 
then  cultivated  country  and  the  Missis 
sippi,  had  been  taught,  by  arms  and  by 
justice,  to  respect  the  United  States, 
and  to  continue  in  peace.  This  desira 
ble  object  having  been  accomplished, 
that  humane  system  was  established,  for 
civilizing  and  furnishing  them  with  those 
conveniences  of  life  which  improve  their 
condition,  and  secure  their  attachment. 
."  Abroad,  the  differences  with  Spain 
had  been  accommodated,  and  the  free 
navigation  of  the  Mississippi  had  been 
acquired,  with  the  use  of  New  Orleans 


CH.  IX.] 


WASHINGTON'S  ADMINISTRATION. 


409 


as  a  place  of  deposit  for  three  years, 
and  afterwards,  until  some  other  equiv 
alent  place  should  be  designated.  Those 
causes  of  mutual  exasperation  which 
had  threatened  to  involve  the  United 
States  in  war  with  the  greatest  mari 
time  and  commercial  power  in  the 
world,  had  been  removed;  and  the 
military  posts  which  had  been  occupied 
within  their  territory  from  their  exist 
ence  as  a  nation,  had  been  evacuated. 
Treaties  had  been  formed  with  Algiers 
and  with  Tripoli,  and  no  captures  ap 
pear  to  have  been  made  by  Tunis ;  so 
that  the  Mediterranean  was  opened  to 
American  vessels. 

"This  bright   prospect  was  indeed 

shaded  by  the  discontents  of  France. 

Those  who  have  attended  to  the  points 

of  difference  between  the  two  nations, 

will  assign  the  causes  to  which 

1797. 

these  discontents  are  to  be  as 
cribed,  and  will  judge  whether  it  was 
in  the  power  of  the  president  to  have 
avoided  them  without  surrendering 
the  real  independence  of  the  nation, 
and  the  most  invaluable  of  all  rights, — 
the  right  of  self-government. 


"  Such  was  the  situation  of  the  United 
States  at  the  close  of  "Washington's  ad 
ministration.  Their  condition  at  its 
commencement  will  be  recollected ;  and 
the  contrast  is  too  striking  not  to  be 
observed.  That  this  beneficial  change 
in  the  affairs  of  America  is  to  be  as 
cribed  exclusively  to  the  wisdom  which 
guided  the  national  councils,  will  not 
be  pretended.  That  many  of  the  causes 
which  produced  it  originated  with  the 
government,  and  that  their  successful 
operation  was  facilitated,  if  not  secured, 
by  the  system  which  was  adopted,  can 
scarcely  be  denied.  To  estimate  that 
system  correctly,  their  real  influence 
must  be  allowed  to  those  strong  preju 
dices  and  turbulent  passions  with  which 
it  was  assailed."* 


*  Mr.  Sparks,  in  the  present  connection,  devotes 
several  pages  to  the  consideration  of  Mr.  Jefferson's 
conduct  towards  Washington.  These  pages,  written 
in  a  spirit  of  great  candor  and  fairness,  are  well  worth 
reading,  and  we  cannot  but  agree  with  Mr.  Sparks, 
that  "after  all,  it  is  not  easy  to  be  convinced,  that 
Jefferson  is  not,  in  some  degree,  chargeable  with  de 
linquency  towards  Washington  during  the  latter  years 
of  his  life." 


410 


APPENDIX  TO  CHAPTER  IX. 


[En.  IV. 


APPENDIX    TO    CHAPTER     IX. 


I.  THE  MAZZEI  LETTER. 
"THE  aspect  of  our  politics  has  wonderfully 
changed  since  you  left  us,  April  24th,  1796.  In 
place  of  that  noble  love  of  liberty  and  republi 
can  government  which  carried  us  triumphantly 
through  the  war,  an  Anglican,  monarchical,  and 
aristocratical  party  has  sprung  up,  whose  avowed 
object  is  to  draw  over  us  the  substance,  as  they 
have  already  done  the  forms,  of  the  British  gov 
ernment.  The  main  body  of  our  citizens,  how 
ever,  remain  true  to  their  republican  principles ; 
the  whole  landed  interest  is  republican,  and  so  is 
a  great  mass  of  talents.  Against  us  are  the  ex 
ecutive,  the  judiciary,  two  out  of  three  branches 
of  the  legislature ;  all  the  officers  of  the  govern 
ment  ;  all  who  want  to  be  officers ;  all  timid  men, 
who  prefer  the  calm  of  despotism  to  the  boister 
ous  sea  of  liberty ;  British  merchants,  and  Amer 
icans  trading  on  British  capital ;  speculators,  and 
holders  in  the  banks  and  public  funds,  a  contri 
vance  invented  for  the  purposes  of  corruption, 
and  for  assimilating  us  in  all  things  to  the  rotten 
as  well  as  the  sound  parts  of  the  British  model. 
It  would  give  you  a  fever  were  I  to  name  to  you 
the  apostates  who  have  gone  over  to  these  here 
sies,  men  who  were  Samsons  in  the  field,  and 
Solomons  in  the  council,  but  who  have  had  their 
heads  shorn  by  the  harlot  England.  In  short,  we 
are  likely  to  preserve  the  liberty  we  have  obtained, 
only  by  unremitting  labors  and  perils.  But  we 
shall  preserve  it ;  and  our  mass  of  weight  and 
wealth  on  the  good  side  is  so  great,  as  to  leave  no 
danger  that  force  will  ever  be  attempted  against 
us.  We  have  only  to  wake,  and  snap  the  Lilipu- 
tian  cords  with  which  they  have  been  entangling 
us  during  the  first  sleep  which  succeeded  our 
labors." 


Mr.  Tucker  undertakes  (vol.  i.,  pp.  519-28)  an 
elaborate  and  studied  defence  of  the  passage 
above  quoted  from  the  letter  to  Mazzei ;  with 
what  success  the  student  may  judge  by  a  carefu1 


perusal.  (See  also,  vol.  ii.,  p.  25.)  On  the  other 
hand,  Chief  Justice  Marshall,  in  a  Note  at  the  end 
of  his  " Life  of  Washington"  bestows  a  search 
ing  and  severe  examination  upon  the  Mazzei  let 
ter.  Whatever  conclusion  the  student  may  arrive 
at,  one  thing  appears  plain,  we  think,  that  Mr. 
Jefferson  does  not,  to  say  the  least,  gain  any  ad 
ditional  laurels  by  these  statements  and  assertions 
of  his  respecting  the  politics  and  men  of  the  day. 


n.  MR.  GIBBS  ON  WASHINGTON'S  RETIREMENT 
INTO  PRIVATE  LIFE. 

JUST  before  his  final  retirement,  Washington 
held  his  last  formal  levee.  An  occasion  more  re 
spectable  in  simplicity,  more  imposing  in  dignity, 
more  affecting  in  the  sensations  which  it  awakened, 
the  ceremonials  of  rulers  never  exhibited.  There 
were  the  great  chiefs  of  the  republic  of  all  parties 
and  opinions ;  veterans  of  the  War  of  Indepen 
dence,  weather-stained  and  scarred ;  white-haired 
statesmen,  who,  in  retirement,  were  enjoying  the 
fruits  of  former  toil ;  there  were  his  executive 
counsellors  and  private  friends;  ministers  of 
foreign  governments,  whose  veneration  approach 
ed  that  of  his  countrymen ;  citizens,  who  came  to 
offer  the  tribute  of  a  respect,  sincere  and  disinter 
ested.  Little  was  there  of  the  pageantry  of  courts, 
little  of  the  glitter  which  attends  the  receptions 
of  royalty ;  yet  in  the  grave  assemblage  that  stood 
in  that  unadorned  chamber,  there  was  a  majesty 
which  these  knew  not.  The  dignitaries  of  a  na 
tion  had  come  together  to  bid  farewell  to  one, 
who  at  their  own  free  call,  by  their  own  willing 
trust — not  as  an  honor  to  be  coveted,  but  as  a 
duty  to  be  discharged — had  in  turn  led  their 
armies  and  executed  their  laws;  one  who  now, 
his  last  task  worthily  fulfilled,  was  to  take  his 
place  again  among  them,  readier  to  relinquish 
than  he  had  been  to  undertake  power ;  a  soldier, 
without  stain  upon  his  arms;  a  ruler,  without 
personal  ambition ;  a  wise  arid  upright  statesman  ; 


CH.  IX.] 


WASHINGTON'S  RETIREMENT. 


411 


a  citizen  of  self-sacrificing  patriotism ;  a  man  pure, 
unblemished,  and  true  in  every  relation  he  had 
filled;  one  to  whom  all  ages  should  point  as  the 
testimony  that  virtue  and  greatness  had  been  and 
could  be  united. 

And  he  who  was  the  object  of  this  gathering — 
what  thoughts  crowded  upon  his  mind,  what  re 
collections  filled  the  vista  of  the  sixty  odd  years 
which  had  passed  over  him  ;  what  changes  of  men, 
opinions,  society,  had  he  seen !  Great  changes, 
indeed,  in  the  world  and  its  old  notions ;  the 
growing  dissatisfaction  of  certain  English  emi 
grants  at  customary  tyrannies  and  new  intended 
ones,  had  taken  form  and  shape ;  embodied  itself 
into  principles  and  vindicated  them ;  blazed  up  an 
alarming  beacon  to  the  world's  eyes  as  the  Sacred 
Right  of  Rebellion ;  fought  battles ;  asserted  in 
dependence,  and  maintained  it  at  much  cost  of 
bloodshed  ;  made  governments  after  its  own  new 
fangled  fashion ;  impressed  a  most  unwilling  idea 
on  history — the  doctrine  of  popular  sovereignty  ; 
one  which  had  proved  contagious  and  had  been 
adopted  elsewhere,  running  riot  indeed  in  its 
novelty.  And  out  of  all  this  confusion  there  had 
arisen  the  nation  which  he  had  presided  over,  al 
ready  become  great  and  factious  in  its  greatness, 
with  a  noble  birthright,  noble  virtues,  energies 
and  intellect ;  with  great  faults  and  passions,  that 
unchecked,  would,  as  in  lusty  individual  manhood, 
lead  to  its  ruin. 

What  was  to  be  the  future  of  that  nation? 
Dark  clouds  hung  over  it,  dangers  threatened  it, 
enemies  frowned  upon  it — the  worst  enemy  was 
within.  License  might  blast  in  a  few  hours  the 
growth  of  years ;  faction  destroy  the  careful  work 
of  the  founders.  On  this  he  had  left  his  great 


solemn  charge,  like  the  last  warning  of  a  father  to 
his  children. 

The  men  who  stood  round  him,  the  men  who 
had  passed  away,  and  whose  forms  were  there  in 
his  mind's  eye  only — Franklin,  Morris,  the  two 
Adamses,  Hancock,  Greene,  Jay,  and  that  host  of 
compatriots  living  and  dead,  honored  already  as 
of  remote  and  ancient  days,  canonized  in  men's 
minds,  the  ancestry  of  the  virtuous  of  all  times, 
the  object  of  "  hero  worship"  even  in  their  own 
generation. 

Himself — uneducated  son  of  a  farmer  in  the 
provinces  of  a  distant  empire;  wandering  sur 
veyor  of  the  Alleghany  forests  ;  partisan  officer ; 
representative  of  some  revolted  colonists  in  a  con 
gress  of  other  like  outlaws ;  leader  of  an  army  of 
half-armed  rebels ;  general,  victorious  over  the 
tried  veterans  of  Europe;  statesman,  who  had 
helped  to  solve  the  vast  problem  of  government ; 
ruler  by  acclamation  of  the  youngest-born  of  all 
nations,  treating  with  kings  and  princes  as  their 
equal ;  now  sinking  back  into  the  great  mass  of 
three  million  individuals,  to  be  no  more  among 
them  in  the  eye  of  the  law  than  any  other. 

What  strifes  had  he  gone  through,  not  least 
with  himself!  How  had  he  made  passion  bend 
to  principle,  impulse  yield  to  will ;  how  had 
he  borne  misunderstanding,  calumny,  desertion  ; 
withstood  temptations ;  refrained  from  vengeance ; 
how  had  he  trod  firmly  the  road  he  had  marked 
out  or  which  destiny  assigned,  sustained  by 
courage,  faith,  conscience ! 

Was  it  strange  that  there  were  few  smiles  at 
the  last  reception  day  of  Washington,  or  that 
tears  fell  from  eyes  unused  to  them  upon  the 
hand  that  many  pressed  for  the  last  time? 


412 


FIRST  YEAR  OF  ADAMS'S  ADMINISTRATION. 


.  IV. 


CHAPTER    X. 

1797-1798. 

THE     FIRST     YEAR     OF     ADAMS'S     ADMINISTRATION. 

Inauguration  of  John  Adams — His  inaugural  address — The  cabinet — The  president's  personal  characteristics — French 
depredations  on  American  commerce  —  Special  session  of  Congress  —  The  president's  speech  —  Pinckney,  Marshall, 
and  Gerry  sent  as  envoys  to  France  —  Answers  to  the  president's  speech  —  Acts  passed  by  Congress  —  The  mission 
to  France  —  Outrageous  and  insulting  course  pursued  by  Talleyrand  and  the  Directory  —  Course  of  the  American 
ministers  —  Total  failure  of  the  mission  —  Congress  reassemble  in  November,  1797  — Speech  of  the  president  — 
The  X.  Y.  Z.  papers  —  Excitement  produced  —  Vigorous  measures  of  Congress  for  retaliating  injuries  —  Additions 
to  the  army  —  Provisional  army  authorized  —  Washington's  interest  in  public  affairs  —  Appointed  commander-in- 
chief — Extracts  from  his  letters  —  The  navy  department  established  —  Ships  built — Additional  funds  required 

—  Treaty  with  France  abrogated  —  The  alien  and  sedition  laws  —  Extract  from  Jefferson's  letter  on  the  position 
of  the  republican  party  —  Provisions  of  the  alien  act  —  Provisions  of  the  sedition  law  —  Need  of  these  enactments 

—  Good  effects  of  the  passage  of  the  alien  law  —  The  sedition  law  objectionable  —  John  Quincy  Adams's  remarks 
on  these  laws  —  Various  acts  of  Congress  — Its  activity  and  diligence.     APPENDIX  TO  CHAPTER  X.     L  Harper's 
speeches,  on  the  Necessity  of  resisting  French  Aggressions ;  and  on  the  Appointment  of  Foreign  Ministers.    II. 
Livingston's  speech  on  the  Alien  Bill. 


IT  was  an  interesting  scene  which  was 
witnessed  in  the  chamber  of  the  House, 
on  the  4th  day  of  March,  1797.  The 
great  patriot,  who  had  presided  for 
eight  years  over  the  destinies  of  our 
country,  and  without  whose  presence 
and  character  it  may  be  doubted 
whether  the  federal  government  could 
have  been  set  in  motion,  and  success 
fully  carried  forward,  this  noble  and 
devoted  lover  of  his  native  land  had, 
at  last,  obtained  his  release  from  public 
duties,  and  was  now  rejoicing  to  see  the 
government  committed  to  the  hands  of 
a  worthy  successor.  That  suc 
cessor  was  John  Adams,  a  man 
of  undoubted  ability  and  character,  and 
sincerely  desirous  of  conducting  affairs 
after  the  model  set  by  Washington; 
but  not,  unhappily,  possessed  of  that 
vast  influence  which  he  always  exercised 


1797. 


over  the  whole  people  of  the  United 
States.  Washington  had  been  placed 
unanimously  in  the  position  which  he 
occupied,  and  towered  far  above  all 
party  distinctions.  Adams  came  into 
office  as  the  candidate  of  one  of  the 
great  parties,  and  as  the  president  so 
elected,  he  was  compelled  to  feel,  from 
the  very  start,  that  he  and  his  measures 
were  closely  watched  by  a  well  organ 
ized  and  very  powerful  opposition ;  and 
also,  that  his  personal  characteristics,  of 
which  we  shall  speak  presently,  laid 
him  open  to  the  insidious  approaches 
of  political  opponents  and  rivals,  and 
tended  to  alienate  the  confidence  and 
respect  of  the  party  which  had  elected 
him.  It  is  important  to  bear  these 
things  in  mind,  in  pursuing  the  course 
of  "events  under  John  Adams's  adminis 
tration. 


CH.  X.] 


INAUGURAL  ADDRESS   OF  JOHN   ADAMS. 


413 


1797. 


Jefferson  had  just  uttered  words  of 
graceful  compliment  in  the  Senate,  re 
specting  "  the  eminent  character  who 
had  preceded  him  there,  whose  talents 
and  integrity  had  been  known  and 
revered  by  him  through  a  long  course 
of  years,  and  had  been  the  foundation 
of  a  cordial  and  uninterrupted  friend 
ship  between  them."*  In  the  chamber 
of  the  House  were  assembled 
the  heads  of  the  departments, 
the  justices  of  the  supreme  court,  and 
other  dignitaries,  with  the  illustrious 
WASHINGTON.  Adams  then  rose,  and 


*  John  Adams  was  of  middle  stature,  Sullivan  tells 
us,  and  of  full  person ;  and  he  was  "  bald  on  the  top 
of  his  head."  On  this  occasion,  "  he  was  dressed 
in  a  full  suit  of  pearl-colored  broadcloth ;  with 
powdered  hair.  He  wrote  to  his  wife  on  the  day 
after,  that  Washington  seemed  to  enjoy  a  triumph 
over  him.  "Methought  I  heard  him  say,  'Ay,  I  am 
fairly  out,  and  you  are  fairly  in!  See  which  of  us 
will  be  the  happiest.1 "  From  the  same  entertaining 
writer,  Sullivan,  we  learn  that  Jefferson  "  was  a  tall 
man,  over  six  feet  in  stature ;  neither  full  nor  thin 
in  body.  His  limbs  were  long,  and  loosely  jointed. 
His  hair  was  of  a  reddish  tinge,  combed  loosely  over 
the  forehead  and  at  the  sides,  and  tied  behind.  His 
complexion  was  light  or  sandy.  His  forehead  rather 
high  and  broad.  His  eyebrows  long  and  straight; 
his  eyes  blue,  his  cheek-bones  high,  his  face  broad 
beneath  his  eyes,  his  chin  long,  and  his  mouth  large. 
His  dress  was  a  black  coat  and  light  under-clothcs. 
lie  had  no  polish  of  manners,  but  a  simplicity  and 
sobriety  of  deportment.  He  was  quiet  and  unobtru 
sive,  and  yet  a  stranger  would  perceive  that  he  was 
in  the  presence  of  one  who  was  not  a  common  man. 
His  manner  of  conversing  was  calm  and  deliberate, 
and  free  from  all  gesticulation ;  but  he  spoke  like  one 
who  considered  himself  entitled  to  deference ;  and  as 
though  he  measured  what  he  said  by  some  standard 
of  self-complacency.  The  expression  of  his  face  was 
that  of  thoughtfulness  and  observation;  and  cer 
tainly  not  that  of  openness  and  frankness.  When 
speaking,  he  did  not  look  at  his  auditor,  but  cast  his 
eyes  towards  the  ceiling,  or  anywhere  but  at  the 
eye  of  his  listener.  He  had  already  become  a  per 
sonage  of  some  distinction,  and  an  object  of  curiosity, 
even  to  a  very  young  man." 
VOL.  II.— 52 


delivered  his  Inaugural  address,  as  fol 
lows: 

"When  it  was  first  perceived,  in 
early  times,  that  no  middle  course  for 
America  remained,  between  unlimited 
submission  to  a  foreign  legislature  and 
a  total  independence  of  its  claims, 
men  of  reflection  were  less  apprehen 
sive  of  danger  from  the  formidable 
power  of  fleets  and  armies  they  must 
determine  to  resist,  than  from  those 
contests  and  dissensions,  which  would 
certainly  arise,  concerning  the  forms  of 
government  to  be  instituted  over  the 
whole,  and  over  the  parts  of  this  ex 
tensive  country.  Relying,  however,  on 
the  purity  of  their  intentions,  the  jus 
tice  of  their  cause,  and  the  integrity 
and  intelligence  of  the  people,  under 
an  overruling  Providence,  which  had 
so  signally  protected  this  country  from 
the  first ;  the  representatives  of  this 
nation,  then  consisting  of  little  more 
than  half  its  present  numbers,  not  only 
broke  to  pieces  the  chains  which  were 
forging,  and  the  rod  of  iron  that  was 
lifted  up,  but  frankly  cut  asunder  the 
ties  which  had  bound  them,  and  launch 
ed  into  an  ocean  of  uncertainty. 

"The  zeal  and  ardor  of  the  people 
during  the  Revolutionary  War,  supply 
ing  the  place  of  government,  command 
ed  a  degree  of  order,  sufficient  at  least 
for  the  temporary  preservation  of  so 
ciety.  The  Confederation,  which  was 
early  felt  to  be  necessary,  was  prepared 
from  the  models  of  the  Batavian  and 
Helvetic  confederacies,  the  only  ex 
amples  which  remain,  with  any  detail 
and  precision,  in  history,  and  certainly 
the  only  ones  which  the  people  at  large 
had  ever  considered.  But,  reflecting 


414 


FIRST  YEAR  OF  ADAMS'S  ADMINISTRATION. 


[BK.  IV. 


on  the  striking  difference,  in  so  many 
particulars,  between  this  country  and 
those  where  a  courier  may  go  from  the 
seat  of  government  to  the  frontier  in  a 
single  day,  it  was  then  certainly  fore 
seen  by  some,  who  assisted  in  Congress 
at  the  formation  of  it,  that  it  could  not 
be  durable. 

"Negligence  of  its  regulations,  inat 
tention  to  its  recommendations,  if  not 
disobedience  to  its  authority,  not  only 
in  individuals,  but  in  states,  soon  ap 
peared  with  their  melancholy  conse 
quences;  universal  languor,  jealousies, 
rivalries  of  states;  decline  of  naviga 
tion  and  commerce ;  discouragement  of 
necessary  manufactures;  universal  fall 
in  the  value  of  lands  and  their  prod 
uce  ;  contempt  of  public  and  private 
faith ;  loss  of  consideration  and  credit 
with  foreign  nations ;  and,  at  length,  in 
discontents,  animosities,  combinations, 
partial  conventions,  and  insurrection, 
threatening  some  great  national  calain- 
ity. 

"In  this  dangerous  crisis,  the  people 
of  America  were  not  abandoned  by 
their  usual  good  sense,  presence  of 
mind,  resolution,  or  integrity.  Meas 
ures  were  pursued  to  concert  a  plan  to 
form  a  more  perfect  union,  establish 
justice,  insure  domestic  tranquillity, 
provide  for  the  common  defence,  pro 
mote  the  general  welfare,  and  secure 
the  blessings  of  liberty.  The  public 
disquisitions,  discussions,  and  delibera 
tions,  issued  in  the  present  happy  con 
stitution  of  government. 

"Employed  in  the  service  of  my 
country  abroad  during  the  whole  course 
of  these  transactions,  I  first  saw  the 
Constitution  of  the  United  States  in  a 


foreign  country.  Irritated  by  no  liter 
ary  altercation,  animated  by  no  public 
debate,  heated  by  no  party  animosity, 
I  read  it  with  great  satisfaction,  as  the 
result  of  good  heads,  prompted  by 
good  hearts;  as  an  experiment,  better 
adapted  to  the  genius,  character,  situa 
tion,  and  relations  of  this  nation  and 
country,  than  any  which  had  ever  been 
proposed  or  suggested.  In  its  general 
principles  and  great  outlines,  it  was  con 
formable  to  such  a  system,  of  govern 
ment  as  I  had  ever  most  esteemed,  and 
in  some  states,  my  own  native  state  in 
particular,  had  contributed  to  establish. 
Claiming  a  right  of  suffrage  in  com 
mon  with  my  fellow-citizens  in  the 
adoption  or  rejection  of  a  Constitution, 
which  was  to  rule  me  and  my  posterity, 
as  well  as  them  and  theirs,  I  did  not 
hesitate  to  express  my  approbation  of 
it  on  all  occasions,  in  public  and  in  pri 
vate.  It  was  not  then  nor  has  been 
since  any  objection  to  it,  in  my  mind, 
that  the  executive  and  Senate  were  not 
more  permanent.  Nor  have  I  enter 
tained  a  thought  of  promoting  any  al 
teration  in  it,  but  such  as  the  people 
themselves,  in  the  course  of  their  expe 
rience,  should  see  and  feel  to  be  neces 
sary  or  expedient,  and  by  their  repre 
sentatives  in  Congress  and  the  state 
legislatures,  according  to  the  Constitu 
tion  itself,  adopt  and  ordain. 

"Returning  to  the  bosom  of  my 
country,  after  a  painful  separation  from 
it  for  ten  years,  I  had  the  honor  to  be 
elected  to  a  station  under  the  new 
order  of  things,  and  I  haVe  repeatedly 
laid  myself  under  the  most  serious  obli 
gations  to  support  the  Constitution. 
The  operation  of  it  has  equalled  the 


Cn.  X.] 


INAUGURAL  ADDRESS   OF  JOHN  ADAMS. 


415 


most  sanguine  expectations  of  its 
friends ;  and  from  an  habitual  atten 
tion  to  it,  satisfaction  in  its  administra 
tion,  and  delight  in  its  effects  upon  the 
peace,  order,  prosperit} ,  and  happiness 
of  the  nation,  I  have  acquired  an  habit 
ual  attachment  to  it,  and  veneration 
for  it. 

"What  other  form  of  government, 
indeed,  can  so  well  deserve  our  esteem 
and  love? 

"  There  may  be  little  solidity  in  an 
ancient  idea,  that  congregations  of  men 
into  cities  and  nations  are  the  most 
pleasing  objects  in  the  sight  of  superior 
intelligences ;  but  this  is  very  certain, 
that  to  a  benevolent  human  mind  there 
can  be  no  spectacle  presented  by  any 
nation,  more  pleasing,  more  noble,  ma 
jestic,  or  august,  than  an  assembly  like 
that  which  has  so  often  been  seen  in 
this  and  the  other  chamber  of  Congress 
— of  a  government,  in  which  the  execu 
tive  authority,  as  well  as  that  of  all  the 
branches  of  the  legislature,  are  exer 
cised  by  citizens  selected  at  regular 
periods  by  their  neighbors,  to  make 
and  execute  laws  for  the  general  good. 
Can  any  thing  essential,  any  thing  more 
than  mere  ornament  and  decoration,  be 
added  to  this  by  robes  or  diamonds? 
Can  authority  be  more  amiable  or  re 
spectable  when  it  descends  from  ac 
cidents  or  institutions  established  in 
remote  antiquity,  than  when  it  springs 
fresh  from  the  hearts  and  judgments 
of  an  honest  and  enlightened  people  ? 
For  it  is  the  people  only  that  are  rep 
resented  :  it  is  their  power  and  majesty 
that  is  reflected,  and  only  for  their  good, 
in  every  legitimate  government,  under 
whatever  form  it  may  appear.  The 


existence  of  such  a  government  as  ours 
for  any  length  of  time,  is  a  full  proof 
of  a  general  dissemination  of  knowledge 
and  virtue  throughout  the  whole  body 
of  the  American  people.  And  what 
object  of  consideration,  more  pleasing 
than  this,  can  be  presented  to  the 
human  mind?  If  national  pride  is 
ever  justifiable -or  excusable,  it  is  when 
it  springs,  not  from  power  or  riches, 
grandeur  or  glory,  but  from  conviction 
of  national  innocence,  information,  and 
benevolence. 

"  In  the  midst  of  these  pleasing  ideas, 
we  should  be  unfaithful  to  ourselves,  if 
we  should  ever  lose  sight  of  the  danger 
to  our  liberties,  if  any  thing  partial  or 
extraneous  should  infect  the  purity  of 
our  free,  fair,  virtuous,  and  independent 
elections.  If  an  election  is  to  be  deter 
mined  by  a  majority  of  a  single  vote, 
and  that  can  be  procured  by  a  party 
through  artifice,  or  corruption,  the  gov 
ernment  may  be  the  choice  of  a  party, 
for  its  own  ends,  not  of  the  nation  for 
the  national  good.  If  that  solitary 
suffrage  can  be  obtained  by  foreign 
nations  by  flattery  or  menaces,  by  fraud 
or  violence,  by  terror,  intrigue,  or  venal 
ity,  the  government  may  not  be  the 
choice  of  the  American  people,  but  of 
foreign  nations.  It  may  be  foreign  na 
tions  who  govern  us,  and  not  we,  the 
people,  who  govern  ourselves ;  and  can 
did  men  will  acknowledge,  that  in  such 
cases  choice  would  have  little  advan 
tage  to  boast  of  over  lot  or  chance. 

O 

"  Such  is  the  amiable  and  interesting 
system  of  government,  (and  such  are 
some  of  the  abuses  to  which  it  may  be 
exposed,)  which  the  people  of  America 
have  exhibited  to  the  admiration  and 


416 


FIRST  YEAR  OF  ADAMS'S   ADMINISTRATION. 


[BK.  IV. 


anxiety  of  the  wise  and  virtuous  of  all 
nations  for  eight  years,  under  the  ad 
ministration  of  a  citizen,  who,  by  a  long 
course  of  great  actions,  regulated  by 
prudence,  justice,  temperance,  and  for 
titude,  conducting  a  people,  inspired 
with  the  same  virtues,  and  animated 
with  the  same  ardent  patriotism  and 
love  of  liberty,  to  independence  and 
peace,  to  increasing  wealth  and  unex 
ampled  prosperity,  has  merited  the 
gratitude  of  his  fellow-citizens,  com 
manded  the  highest  praises  of  foreign 
nations,  and  secured  immortal  glory 
with  posterity. 

"In  that  retirement,  Avhich  is  his 
voluntary  choice,  may  he  long  live  to 
enjoy  the  delicious  recollection  of  his 
services,  the  gratitude  of  mankind, 
the  happy  fruits  of  them  to  himself  and 
the  world,  which  are  daily  increasing, 
and  that  splendid  prospect  of  the  future 
fortunes  of  his  country  which  is  opening 
from  year  to  year.  His  name  may  be 
still  a  rampart,  and  the  knowledge 
that  he  lives,  a  bulwark  against  all 
open  or  secret  enemies  of  his  country's 
peace.  His  example  has  been  recom 
mended  to  the  imitation  of  his  succes 
sors  by  both  Houses  of  Congress,  and 
by  the  voice  of  the  legislatures,  and  the 
people,  throughout  the  nation. 

"On  this  subject  it  might  become 
me  better  to  be  silent,  or  to  speak  with 
diffidence ;  but  as  something  may  be 
expected,  the  occasion,  I  hope,  will  be 
admitted  as  an  apology,  if  I  venture  to 
say,  that,  if  a  preference,  upon  prin 
ciple,  of  a  free  republican  government, 
formed  upon  long  and  serious  reflection, 
after  a  diligent  and  impartial  inquiry 
after  truth  ;  if  an  attachment  to  the 


Constitution  of  the  United  States,  and 
a  conscientious  determination  to  sup 
port  it,  until  it  shall  be  altered  by  the 
judgments  and  wishes  of  the  people, 
expressed  in  the  mode  prescribed  in  it ; 
if  a  respectful  attention  to  the  constitu 
tions  of  the  individual  states,  and  a 
constant  caution  and  delicacy  towards 
the  state  governments ;  if  an  equal  and 
impartial  regard  to  the  rights,  interests, 
honor,  and  happiness  of  all  the  states 
in  the  Union,  without  preference  or 
regard  to  a  northern  or  southern,  east 
ern  or  western  position,  their  various 
political  opinions  on  essential  points,  or 
their  personal  attachments ;  if  a  love 
of  virtuous  men  of  all  parties  and  de 
nominations  ;  if  a  love  of  science  and 
letters,  and  a  wish  to  patronize  every 
rational  effort  to  encourage  schools,  col 
leges,  universities,  academies,  and  every 
institution  for  propagating  knowledge, 
virtue,  and  religion  among  all  classes 
of  the  people,  not  only  for  their  benign 
influence  on  the  happiness  of  life,  in  all 
its  stages  and  classes,  and  of  society 
in  all  its  forms,  but,  as  the  only  means 
of  preserving  our  Constitution  from  its 
natural  enemies,  the  spirit  of  sophistry, 
the  spirit  of  party,  the  spirit  of  intrigue, 
profligacy,  and  corruption,  and  the  pes 
tilence  of  foreign  influence,  which  is  the 

O  7 

angel  of  destruction  to  elective  govern 
ments  ;  if  a  love  of  equal  laws,  of  justice 
and  humanity,  in  the  interior  adminis 
tration  ;  if  an  inclination  to  improve 
agriculture,  commerce,  and  manufac 
tures,  for  necessity,  convenience,  and 
defence ;  if  a  spirit  of  equity  and  hu 
manity  towards  the  aboriginal  nations 
of  America,  and  a  disposition  to  melior 
ate  their  condition,  by  inclining  them 


CH.  X.] 


INAUGURAL  ADDRESS   OF  JOHN   ADAMS. 


417 


to  be  more  friendly  to  us,  and  our 
citizens  to  be  more  friendly  to  them : 
if  an  inflexible  determination  to  main 
tain  peace  and  inviolable  faith  with  all 
nations,  and  that  system  of  neutrality 
and  impartiality  among  the  belligerent 
powers  of  Europe,  which  has  been 
adopted  by  the  government,  and  so 
solemnly  sanctioned  by  both  Houses 
of  Congress,  and  applauded  by  the 
legislatures  of  the  states  and  the  public 
opinion,  lintil  it  shall  be  otherwise  or 
dained  by  Congress;  if  a  personal  es 
teem  for  the  French  nation,  formed  in 
a  residence  of  seven  years  chiefly  among 
them,  and  a  sincere  desire  to  preserve 
the  friendship,  which  has  been  so  much 
for  the  honor  and  interest  of  both  na 
tions  ;  if,  while  the  conscious  honor 
and  integrity  of  the  people  of  America, 
and  the  internal  sentiment  of  their  own 
power  and  energies  must  be  preserved, 
an  earnest  endeavor  to  investigate  eve 
ry  just  cause,  and  remove  every  color 
able  pretence  of  complaint ;  if  an  in 
tention  to  pursue,  by  amicable  negoti 
ation,  a  reparation  for  the  injuries  that 
have  been  committed  on  the  commerce 
of  our  fellow-citizens  by  whatever  na 
tion,  and  if  success  cannot  be  obtained, 
to  lay  the  facts  before  the  legislature, 
that  they  may  consider  what  further 
measures  the  honor  and  interest  of  the 
government  and  its  constituents  de 
mand  ;  if  a  resolution  to  do  justice,  as 
far  as  may  depend  upon  me,  at  all 
times,  and  to  all  nations,  and  maintain 
peace,  friendship,  and  benevolence,  with 
all  the  world ;  if  an  unshaken  confi 
dence  in  the  honor,  spirit,  and  resour 
ces  of  the  American  people,  on  which 
I  have  so  often  hazarded  my  all,  and 


never  been  deceived ;  if  elevated  ideas 
of  the  high  destinies  of  this  country,  and 
of  my  own  duties  towards  it,  founded 
on  a  knowledge  of  the  moral  principles 
and  intellectual  improvements  of  the 
people,  deeply  engraven  on  my  mind 
in  early  life,  and  not  obscured  but  ex 
alted  by  experience  and  age,  and,  with 
humble  reverence,  I  feel  it  my  duty  to 
add,  if  a  veneration  for  the  religion  of 
a  people,  who  profess  and  call  them 
selves  Christians,  and  a  fixed  resolution 
to  consider  a  decent  respect  for  Chris 
tianity  among  the  best  recommenda 
tions  for  the  public  service,  can  enable 
me,  in  any  degree,  to  comply  with  your 
wishes,  it  shall  be  my  strenuous  en 
deavor  that  this  sagacious  injunction 
of  the  two  Houses  shall  not  be  without 
effect. 

"  With  this  great  example  before  me ; 
with  the  sense  and  spirit,  the  faith  and 
honor,  the  duty  and  interest  of  the 
same  American  people,  pledged  to  sup 
port  the  Constitution  of  the  United 
States ;  I  entertain  no  doubt  of  its  con 
tinuance  in  all  its  energy;  and  my 
mind  is  prepared  without  hesitation, 
to  lay  myself  under  the  most  solemn 
obligations  to  support  it,  to  the  utmost 
of  my  power. 

"And  may  that  Being,  who  is  supreme 
over  all,  the  Patron  of  order,  the  Foun 
tain  of  justice,  and  the  Protector,  in  all 
ages  of  the  world,  of  virtuous  liberty, 
continue  his  blessing  upon  this  nation 
and  its  government,  and  give  it  all  pos 
sible  success  and  duration  consistent 
with  the  ends  of  his  providence." 

The  oath  of  office  was  then  adminis 
tered  to  Adams  by  the  chief  justice  of 
the  supreme  court,  and  he  entered  upon 


418 


FIRST  YEAR   OF  ADAMS'S  ADMINISTRATION. 


[BK.  IV. 


his  four  years  of  service,  with  sanguine 
hope  of  favorable  result.  Not  anxious 
for  changes  in  the  cabinet,  and  trusting 
that  he  and  its  members  would  be  able 
to  labor  together  harmoniously  and 
effectively,  he  continued  'the  same  gen 
tlemen  in  office  wTho  had  served  under 
Washington ;  but  it  was  not  long  be 
fore  elements  of  discord  were  found  to 
exist  between  the  president  and  his 
constitutional  advisers.  Pickering,  the 
secretary  of  state,  was  a  man  of  inflex 
ible  integrity,  but  rather  disposed  to 
obstinacy,  a  little  rough  in  manner,  and 
somewhat  irascible.  Both  he  and  Wol- 
cott,  the  secretary  of  the  treasury,  were 
inclined  to  be  governed  a  good  deal  in 
their  views  of  public  affairs  at  home 
and  abroad,  by  the  opinions  and  sen 
timents  of  Hamilton,  a  man  whom 
Adams  regarded  with  much  jealousy 
and  some  suspicion,  and  who,  the  grand 
son  of  the  second  president  endeavors 
to  substantiate,  was  at  the  bottom  of 
most  of  the  trials  and  difficulties  which 
Adams  met  with  in  his  new  position. 
The  other  members  of  the  cabinet,  M'- 
Henry  and  Lee,  were  federalists,  and 
respectable  men  ;  but  they,  too,  soon 
found  points  of  difference  between  the 
course  advised  by  the  president  and 
that  which  they  judged  most  expedient 
and  proper. 

The  second  president  was  undoubt 
edly  a  man  of  ability  and  purity  of 
character;  but  he  was  also  quick,  in 
flammable,  sanguine,  impatient  of  oppo 
sition,  and  desirous  of  popular  applause. 
Mr.  Gibbs  speaks  in  much  stronger 
terms  of  his  fickleness  and  irritability, 
his  obstinacy  and  inconsistency,  his  in 
ordinate  vanity,  and  the  like ;  and  de- 


1797. 


clares  that  his  administration  was  de 
void  of  rule  or  precise  object. 
Mi\  C.  F.  Adams,  in  his  life  of 
his  grandfather,  presents  John  Adams 
in  a  far  more  favorable  light,  as  "  a 
wise,  an  energetic,  an  independent,  and 
an  honest  president."  He  considers 
that  the  president  was  badly  used  by 
the  federal  party,  especially  in  conse 
quence  of  the  preponderating  influence 
of  Alexander  Hamilton,  and  claiming 
to  have  "analyzed  with  calmness  and 
observed  with  fidelity,"  he  has  fur 
nished  a  narrative  of  the  presidential 
career  of  John  Adams  which  both  de 
serves  and  will  repay  a  careful  examin 
ation.* 

The  position  of  affairs  with  respect 
to  France,  on  Adams's  accession  to  the 
presidency,  was  by  no  means  free  from 
difficulty  and  danger.  We  have  spoken 
on  a  previous  page  (see  p.  386)  of  the 
appointment  of  General  Pinckney  as 
minister-plenipotentiary  to  France,  and 
of  the  haughty  and  insulting  conduct 
of  the  Directory  towards  this  gentle 
man.  Virtually  driven  out  of  France, 
the  American  minister  waited  at  Am 
sterdam  for  instructions  as  to  his  future 
course.  These  outrages  on  the  repre 
sentative  of  the  United  States,  and  the 
systematic  plundering  of  our  commerce 
by  French  vessels,  rendered  it  impera 
tive  to  take  some  action  on  the  subject 


*  Both  Mr.  Gibbs  arid  Mr.  C.  F.  Adams  confess, 
that  the  materials  for  forming  a  correct  judgment  are 
few,  not  readily  accessible,  and  largely  imperfect. 
The  student  of  history  will  compare  and  contrast  the 
volumes  just  referred  to,  and,  weighing  carefully  the 
evidence  as  far  as  it  is  yet  before  the  public,  will  en 
deavor  to  obtain  a  just  and  right  view  of  the  lust 
years  of  power  of  the  federal  party. 


CH.  X.] 


ACTION   OF  CONGRESS. 


419 


1797. 


without  delay.  Accordingly,  on  the 
25th  of  March,  the  president 
issued  his  proclamation  for  the 
meeting  of  Congress,  on  the  15th  of 
May. 

The  president  delivered  a  firm  and 
dignified  speech  at  the  commencement 
of  the  session,  and  in  a  manly  way  he 
gave  utterance  to  the  feelings  which 
must  rouse  every  American's  spirit 
under  great  and  unprovoked  outrage 
from  a  foreign  government.  The  speech 
expressed  a  sincere  desire  for  peace, 
and  the  intentions  of  the  executive  to 
renew  negotiations  to  preserve  it ;  but 
while  he  hoped  to  secure  peace,  he 
earnestly  recommended  Congress  to 
provide  effectual  measures  of  defence 
in  case  resort  to  arms  should  become 
necessary. 

Three  envoys  were  appointed  by  the 
president,  General  Pinckney,  John  Mar 
shall,  and  Elbridge  Gerry.*  They  were 
instructed  to  endeavor  to  procure  peace 
and  reconciliation  by  all  means  compat 
ible  with  the  honor  and  faith  of  the 
United  States ;  but  no  national  engage 
ments  were  to  be  impaired ;  no  inuova- 


*  Mr.  Gibbs  (vol.  i.,  p.  519)  calls  attention  to  the 
fact  that  up  to  this  time  no  personal  collisions  had 
taken  place  between  the  president  and  his  cabinet. 
"  None  of  the  causes  which  afterwards  interrupted 
the  harmony  between  them  existed.  On  the  part  of 
the  secretaries  there  was  perfect  good-will  towards 
the  chief  magistrate,  and  a  sincere  disposition  to 

render  his  administration  successful It  has 

been  intimated  that  the  desire  of  the  secretaries  im 
properly  to  control  the  president  on  this  occasion 
was  the  origin  of  their  dissensions.  The  assertion 
is  untrue.  In  regard  to  Mr.  Gerry's  nomination, 
though  it  shook  the  confidence  of  those  officers  in 
Mr.  Adams's  discretion,  it  produced  no  personal  ill- 
feeling  ;  nor  did  they  otherwise  attempt  to  direct 
him  than  by  withholding  an  approbation  they  could 
uot  give." 


1797. 


tion  to  be  permitted  upon  those  internal 
regulations  for  the  preservation  of  peace 
which  had  been  deliberately  and  up 
rightly  established ;  nor  were  the  rights 
of  the  government  to  be  surrendered. 

The  Senate  returned  a  cordial  answer 
to  the  president's  speech;  but  in  the 
House  a  long  and  vehement  debate 
sprang  up  in  framing  a  suitable  answer. 
On  the  3d  of  June,  however,  despite 
the  efforts  of  the  opposition,  an  answer 
was  agreed  to,  by  a  vote  of  sixty-two 
to  thirty-six,  and  gave  Mr.  Adams  the 
assurance  that  the  sentiments  of 
the  legislature  accorded  with  his 
own  on  all  the  points  of  importance  to 
which  he  had  called  their  attention.* 

Having  discharged  this  duty,  the 
House  went  into  a  committee  of  the 
whole  on  the  state  of  the  Union ;  and 
new  propositions,  embodying  the  recom 
mendations  of  the  president's  speech,  or 
suggested  by  them,  were,  during  the 
remainder  of  the  session,  from  time  to 
time,  at  large  discussed.  Part  only  of 
the  measures  proposed  were  adopted. 
Acts  were  passed,  prohibiting  citizens 
of  the  United  States  from  privateering 
against  nations  in  amity  with  the  United 
States ;  forbidding  the  export  of  arms 
and  ammunition,  and  encouraging  the 
import  of  them,  for  a  limited  and  speci 
fied  period;  providing  for  the  further 
defence  of  the  ports  and  harbors  of  the 
country ;  providing  a  naval  armament ; 
authorizing  a  detachment  of  the  militia ; 


*  See  Benton's  "Abridgement  of  the  Debates  of 
Congress,"  vol.  ii.,  pp.  123-44.  For  some  passages 
from  the  able  speech  of  Mr.  E.  G.  Harper,  in  the 
House,  May  29th,  1797,  on  the  necessity  of  resist 
ing  the  aggressions  and  encroachments  of  France,  see 
Appendix  L,  at  the  end  of  the  present  chapter. 


420 


FIRST  YEAR  OF  ADAMS'S  ADMINISTRATION. 


[BK.  IV 


and  concerning  the  registering  of  Amer 
ican  ships.  Other  bills,  relating  to  the 
provisional  army,  the  increase  of  the 
artillery,  the  organizing  of  the  militia, 
preventing  the  arming  of  private  ships, 
and  the  voluntary  enlistment  of  United 
States'  citizens  into  the  service  of  for 
eign  states,  except  under  certain  restric 
tions,  together  with  some  bills  for  pro 
viding  for  the  expenses,  both  ordinary 
and  extraordinary,  were  either  put  off 
till  the  next  session,  or  failed  to  pass  in 
one  or  both  Houses.  An  act  was  pass 
ed  laying  duties  on  stamped  vellum, 
parchment,  and  paper,  which,  on  account 
of  its  title  principally,  was  decidedly  un 
popular,  and  an  additional  duty  was 
imposed  on  salt  imported  into  the 
United  States.  A  loan  of  $800,000 
was  also  authorized,  and  various  addi 
tional  appropriations  were  made  for 
the  expenses  of  the  government  during 
1797.  On  the  10th  of  July,  Congress 
adjourned  to  the  second  Monday  in 
November. 

The  American  envoys  having  joined 
General  Pinckney,  they  reached  Paris 
on  the  4th  of  October,  and  immediately 
endeavored  to  enter  upon  the  work  set 
before  them.  High-minded  and  hon 
orable  men  themselves,  they  hoped  to 
be  met  by  men  of  similar  stamp, 
and  to  be  allowed  to  discharge 
their  responsible  duties  promptly  and 
satisfactorily.  But,  it  is  painful  to  state, 
as  we  do  in  the  words  of  John  Mar 
shall,  that  "  history  will  scarcely  furnish 
the  example  of  a  nation  not  absolutely 
degraded,  which  has  received  from  a 
foreign  power  such  open  contumely 
and  undisguised  insult,  as  were,  on  this 
occasion,  suffered  by  the  United  States, 


1797. 


in  the  persons  of  their  ministers."  On 
the  8th  of  October,  the  envoys  waited 
upon  Talleyrand,  the  minister  for  for 
eign  affairs,  and  delivered  their  letters 
of  credence.  This  wily  and  unscrupu 
lous  diplomatist,  who,  like  most  of  his 
compeers  of  that  day,  displayed  quite 
as  much  ignorance  as  insolence  in  deal 
ing  with  America  and  American  inter 
ests,  coolly  informed  the  envoys,  that, 
by  order  of  the  Directory,  he  was 
preparing  a  report  upon  the  existing 
relations  of  the  United  States  with 
France,  and  that,  when  it  was  finished, 
he  would  tell  them  what  steps  were  to 
follow. 

Some  days  after,  the  secretary  of 
Talleyrand  informed  them,  that  the 
Directory  were  exasperated  at  certain 
parts  of  the  president's  speech  to  Con 
gress,  which  must  be  satisfactorily  ex 
plained  ;  and  that  they  would  not  be 
received  at  a  public  audience.  The 
minister  of  foreign  affairs  would,  how 
ever,  open  negotiations  with  them 
through  a  channel  adapted  to  accom 
plish  his  purposes.  Three  agents,  M. 
Hottinguer,  M.  Bellamy,  and  M.  Haute- 
val,  designated  by  the  initials  X.  Y. 
Z.,  waited  upon  the  American  envoys, 
and  disclosed  the  plans  and  expecta 
tions  of  Talleyrand.  Into  the  details, 
we  need  not  enter;  the  substance  of 
the  whole  may  be  expressed  by 
one  word,  MONEY.  Talleyrand's 
cupidity,  the  Directory's  cupidity,  the 
national  cupidity,  must  be  satisfied. 
Give  money,  plenty  of  money,  was  the 
cry;  give  money,  and  we  wTill  soon 
settle  matters ;  refuse  to  give,  and  we 
will  visit  upon  you  the  displeasure  of 
victorious  France.  Talleyrand  wanted 


1797. 


CH.  X.] 


THE  AMERICAN   ENVOYS  IN   FRANCE. 


421 


only  some  $250,000  for  his  private  dis 
posal.  The  Directory  would  prove  gra 
cious  if  some  $13,000,000  were  loaned, 
that  is,  given  to  them ;  and  they  seemed 
to  have  supposed  that  the  American 
people,  like  whipped  curs,  would  sub 
mit  to  such  mean  and  debasing  propo 
sitions  ! 

The  envoys  listened  to  these  things, 
to  see  what  might  be  the  intentions  of 
France;  but  at  the  close  of  October, 
they  returned  an  indignant  refusal  to 
accede  to  any  thing  of  the  sort.  Still 
the  agents  of  Talleyrand  continued  at 
work.  The  victorious  career  of  the 
French  army  induced  them  to  try  to 
work  upon  the  fears  of  the  American 
ministers.  The  immense  power  of 
France  was  painted  in  gorgeous  colors ; 
the  humiliation  of  Austria  was  boasted 
of;  and  the  conquest  of  Great  Britain 
confidently  predicted.  France  alone, 
they  said,  could  preserve  America,  and 
it  was  arrogantly  pointed  out,  that  the 
United  States  ought  to  take  warning 
by  the  fate  of  Venice.  They  need  not, 
likewise,  look  for  approval  at  home,  for 
the  Directory  were  far  more  powerful 
there  than  they  believed,  and  they 
would  use  their  power  without  scruple. 

On  the  first  of  November  the  en 
voys  resolved  to  hold  no  more  indirect 
intercourse  with  the  government,  and 
endeavored,  though  unsuccessfully,  to 
obtain  an  official  recognition.  Talley 
rand,  with  strange  pertinacity,  on  va 
rious  occasions  when  he  met  the  envoys 
unofficially,  renewed  the  demands  for 
money  which  his  agents  had  pressed 
without  success. 

Finding  the  objections  to  their  re 
ception  in  an  official  character  iusur- 
VOL.  II.— 53 


rnountable,  the  envoys,  as  Marshall 
states,  addressed  a  letter  to  the  minis 
ter  for  foreign  affairs,  in  which  they 
entered  at  large  into  the  explanations 
committed  to  them  by  their  govern 
ment,  and  illustrated,  by  a  variety  of 
facts,  the  uniform  friendliness  of  its 
conduct  to  France.*  But  the  Directory 
counted  too  confidently  on  its  influence 
in  America  to  desist  from  its  course. 
Notwithstanding  the  failure  of  this  ef 
fort,  and  their  perfect  conviction  that 
all  further  attempts  would  be  equally 
unavailing,  the  envoys  continued,  with 
a  passiveness  which  must  search  for  its 
apology  in  their  solicitude  to  demon 
strate  the  real  views  of  the  French 
republic,  to  employ  the  only  means  in 
their  power  to  avert  the  rupture  which 
was  threatened,  and  which  appeared  to 
be  inevitable.  During  these  transac 
tions,  occasion  was  repeatedly 

179§. 

taken  to  insult  the  American 
government.  Open  war  was  waged  by 
the  cruisers  of  France  on  American 
commerce ;  and  the  flag  of  the  United 
States  was  a  sufficient  justification  for 
the  capture  and  condemnation  of  any 
vessel  over  which  it  waved. 

At  length,  when  the  demonstration 
had  become  complete,  that  the  resolu 
tion  of  the  American  envoys  was  not 
less  fixed  than  their  conduct  had  been 
guarded  and  temperate,  various  at 
tempts  were  made  to  induce  Pinckney 
and  Marshall  voluntarily  to  relinquish 
their  station ;  studied  indignities  were 


*  This  document  -which,  it  is  understood,  was  pre 
pared  by  John  Marshall,  Mr.  Gibbs  pronounces  to  be 
44  a  monument  in  the  diplomacy  of  America."  It  was 
sent  to  Talleyrand  at  the  close  of  January,  1798. 


FIRST  YEAH   OF   ADAMS'S   ADMINISTRATION. 


[BK.  IV. 


heaped  upon  them ;  and  they  were 
finally  ordered  to  quit  the  territory  of 
France.  As  if  to  a^cravate  this  na- 

oO 

tional  insult,  Talleyrand,  in  a  memora 
ble  letter  of  the  18th  of  March,  used 
these  words :  "  The  Executive  Direc 
tory  is  disposed  to  treat  with  that  one 
of  the  three,  whose  opinions,  presumed 
to  be  more  impartial,  promise,  in  the 
course  of  the  explanations,  more  of  that 
reciprocal  confidence  which  is  indispen 
sable."  Mr.  Gerry,  whom  the  wily 
minister  believed  he  could  make  use 
of,  was  invited  to  remain  ;•  and  he  did 
remain,  under  a  threat,  as  he  stated 
subsequently,  that  if  he  too  took  his 
departure,  immediate  war  would  be  the 
consequence.  Gerry's  colleagues  left 
Paris  in  April,  and  returned  home  to 
give  an  account  of  the  total  failure  of 
their  mission.  Mr.  Gerry,  after  spend 
ing  some  months  longer  in  Paris,  to  no 
purpose,  left  France,  and  made  his  way 
back  again  to  the  United  States.* 

Congress  had  adjourned  to  the  second 
Monday  in  November,  but  it  was  not 
till  the  23d  of  the  month  that  a  suffi 
cient  number  of  Senators  and  Repre- 


*  During  the  whole  time  of  his  stay,  after  his  col 
leagues  left,  though  refusing  to  undertake  to  treat 
with  the  government,  Mr.  Gerry,  as  Gibbs  states, 
(vol.  ii.  p.  149,)  "  was  engaged  in  a  controversy  with 
Talleyrand,  in  which  every  manner  of  insult  was 
heaped  by  that  functionary  upon  himself  and  his 
country,  in  which  his  credulity  was  ridiculed,  his  un 
derstanding  derided,  and  even  his  veracity  impugned ; 
a  controversy  in  which  his  only  object  seemed  to  be, 
to  obtain  the  last  word,  or  to  get  the  better  of  his 
adversary  in  florid  professions  of  the  amicable  dispo 
sition  of  their  respective  governments."  Mr.  Gerry 
arrived  in  the  United  States  oh  the  1st  of  October, 
1798.  The  grandson  of  John  Adams  (vol.  i.,  p.  532) 
gives  a  view  of  this  matter  much  more  favorable  to 
Mr.  Gerry  and  his  proceedings- 


sentatives  assembled  at  Philadelphia, 
to  permit  a  commencement  to  be  made 
of  public  business ;  for  "  a  contagious 
sickness,"  as  the  president  said  in  his 
opening  speech,  "  afflicted  the  city"  so 
greatly,  that  he  was  "  apprehensive 
that  it  would  be  necessary  to  convene 
the  national  legislature  in  some  other 


place.' 


The  foreign  affairs  of 


1797. 


the  country,  at  that  time  in  a 
critical  position  as  respected  France, 
necessarily  occupied  the  principal  share 
of  the  president's  attention.  He  could 
only  mention  the  arrival  of  the  special 
mission  in  France ;  and  he  was  com 
pelled  to  tell  of  "increasing  depreda 
tions"  upon  the  commerce  of  the  Union; 
the  importance  of  which  he  rightly  ap 
preciated. 

"  The  commerce  of  the  United 
States,"  said  he,  "  is  essential,  if  not 
to  their  existence,  at  least  to  their 
comfort,  their  growth,  prosperity,  and 
happiness.  The  genius,  character,  arid 
habits  of  the  people  are  highly  com 
mercial.  Their  cities  have  been  formed 
and  exist  upon  commerce.  Our  agri 
culture,  fisheries,  arts,  and  manufac 
tures,  are  connected  with  and  depend 
upon  it.  In  short,  commerce  has  made 
this  country  what  it  is ;  and  it  cannot 
be  destroyed  or  neglected,  without  in 
volving  the  people  in  poverty  and  dis 
tress.  Great  numbers  are  directly  and 
solely  supported  by  navigation.  The 
faith  of  society  is  pledged  for  the  pres 
ervation  of  the  right  of  commercial  and 
seafaring,  no  less  than  of  the  other  cit 
izens.  Under  this  view  of  our  affaire, 


*  Andrew  Jackson  took  his  seat  at  this  time  as 
Senator  from  Tennessee. 


Cii.  X.] 


THE  FAMOUS  X.  Y.  Z.   PAPERS. 


423 


I  should  hold  myself  guilty  of  a  neglect 
of  duty,  if  I  forbore  to  recommend  that 
we  should  make  every  exertion  to  pro 
tect  our  commerce,  and  to  place  our 
country  in  a  suitable  posture  for  de 
fence,  as  the  only  sure  means  of  pre 
serving  Loth/' 

O 

The  progress  of  the  Spanish  negotia 
tions,  the  signs  of  the  renewal  of  Indian 
hostilities,  the  proceedings  of  the  com 
missioners  under  the  British  treaty,  and 
the  steps  made  requisite  by  "the  nu 
merous  captures  of  American  vessels  by 
the  cruisers  of  the  French  republic," 
were  in  turn  spoken  of,  and  an  amend 
ment  of  "  the  consular  act"  was  recom 
mended,  especially  as  "  some  foreign 
vessels  had  been  discovered  sailing  un 
der  the  flag  of  the  United  States,  and 
with  forged  papers."  Urging  upon 
their  attention  the  necessity  of  provid 
ing  for  the  support  of  government,  the 
president  assured  Congress  of  the 
"  zealous  and  hearty  concurrence"  of 
the  executive  in  all  measures,  wisely 
and  firmly  devised,  for  "  the  honor, 
safety,  and  prosperity  of  their  country." 

The  answers  of  the  two  Houses  man 
ifested  the  strength  of  the  federal  par 
ty  in  the  Senate,  and  of  the  opposition 
in  the  House ;  and  the  various  topics 
urged  upon  them  by  the  president  re 
ceived  prompt  attention.  It  was  at 
the  beginning  of  March,  1*798,  while 
Congress  were  discussing  the  question 
of  permitting  merchant  vessels  to  arm 
for  their  own  defence,  that  dis 
patches  from  our  envoys  in 
France  reached  the  seat  of  govern 
ment.  The  president  promptly  com 
municated  by  message  the  information 
just  received;  and  the  French  decree 


1798. 


of  January  8th,  condemning  as  prizes 
all  neutral  vessels  having  on  board 
merchandize  and  commodities  pro 
duced  in  England,  excited  wide-spread 
sensation  in  the  mercantile  community. 
The  president  urged  upon  Congress 
the  importance  of  active  and  vigorous 
preparations  for  defending  national 
rights  and  honor. 

A  debate  sprang  up  in  the  House  on 
the  relations  with  France,  the  opposi 
tion  desiring  to  stave  off  the  evident 
necessity  of  considering  the  near  ap 
proach  of  war.  Before  obtaining  a 
vote  on  the  question  as  to  the  inexpe 
diency  of  hostilities  with  France,  the 
dispatches,  which  had  been  sent  home 
in  cypher,  were  translated,  and,  on  a 
call  for  them,  the  famous  X,  Y.  Z,  pa 
pers  were  transmitted  to  Congress. 
By  a  resolution  of  both  Houses,  they 
were  circulated  throughout  the  coun 
try,*  and  speedily  roused  the  spirit  of 
the  whole  people.  The  shameful  terms 
on  which,  alone,  it  was  but  too  plain, 
the  friendship  of  France  was  to  be 
maintained,  were  indignantly  repudia 
ted.  Pinckney's  expression,  "  Millions 
for  defence,  not  a  cent  for  tri- 

1798. 

bute,"  became  a   rallying   cry 
throughout  the  Union.     The  old  black 
cockade  for  the  soldiers  of  liberty,  was 


*  It  is  a  fact  worth  noticing,  that  Talleyrand's  an 
swer  to  the  able  letter  of  the  American  envoys,  an 
answer  criminating  the  American  government  in  the 
most  bitter  and  outrageous  terms,  was  in  possession 
of  the  printer  of  the  "  Aurora,"  before  it  reached  the 
president  of  the  linked  States!  This  contemptible 
trick  of  a  partisan  pi  ess  to  spread  before  the  people 
the  insolence  of  Talleyrand,  without  the  effective  and 
complete  rejoinder  and  memorial  of  the  envoys,  ren 
dered  it  necessary  that  Congress  should  print  the  pa 
pers,  as  they  did,  to  good  purpose. 


424 


FIRST  YEAR   OF  ADAMS'S   ADMINISTRATION. 


[BK.  IV. 


mounted  again,  and  Hopkinson  and  R. 
T.  Paine  gave  fresh  impulse  to  the  na 
tional  enthusiasm  by  their  songs,  "  Hail 
Columbia !"  and  "  Adams  and  Liberty." 
Loyal  and  patriotic  addresses  were 
poured  in  upon  the  president;  and 
there  was  no  room  to  doubt  that  the 
people  would,  as  one  man,  repel  every 
invader  from  the  soil. 

The  disposition  still  existed,  it  is 
true,  among  the  leaders  of  party,  to 
justify  France  by  throwing  the  blame 
upon  their  own  country ;  by  asserting 
that  her  intentions  were  not  hostile, 
but  quite  the  reverse  ;  that  even  admit 
ting  it  to  be  otherwise,  she  was  only 
demanding  those  marks  of  friendship 
which  at  a  critical  moment  she  had  her 
self  afforded ;  that  the  real  interests  of 
the  United  States  required  a  compli 
ance  with  her  demands  ;  that  resistance 
would  certainly  result  in  defeat ;  and 
such  like.  But  neither  these  senti 
ments,  nor  the  arguments  of  the  party, 
accorded  with  the  prevailing  feeling; 
and  it  required,  as  Marshall  says,  the 
co-operation  of  other  causes  to  re-estab 
lish  the  influence  of  those  who  urged 
them.* 


*  Mr.  Tucker,  who  is  a  staunch  friend  and  advo 
cate  of  the  third  president  as  a  politician  and  a  man, 
cannot  but  reprehend  Jefferson's  bitterness  of  party 
spirit  in  regard  to  the  French  outrages  on  our  am 
bassadors.  "It  must  be  admitted,"  he  says,  (vol. 
ii.  p.  43,)  "  that  if  Mr.  Jefferson  experienced  the  most 
virulent  hatred,  and  the  most  unfounded  calumny  of 
his  adversaries,  he  was,  occasionally,  not  far  behind 
them  in  credulity  and  injustice,  and  that  he  did  not 
hesitate  to  attribute  to  them  purposes  which  no  hon 
est  mind  could  form,  and  no  rational  mind  would  at 
tempt."  Rather  a  doubtful  compliment  this,  to  the 
subject  of  his  biography :  we  could  wish  that  there 
was  not  too  much  ground  for  censure  of  the  political 
partisanship  of  the  day. 


In  Congress  vigorous  measures  were 
adopted  for  retaliating  injuries  which 
had  been  sustained,  and  for  repelling 
those  which  had  been  threatened. 
Amongst  these  was  a  regular  army. 
A  regiment  of  artillerists  and  engineers 
was  added  to  the  permanent  establish 
ment  ;  and  the  president  was  author 
ized  to  raise  "twelve  additional  regi 
ments  of  infantry,  and  one  regiment  of 
cavalry,  to  serve  during  the  continu 
ance  of  the  existing  differences  with 

O 

France,  if  not  sooner  discharged.  He 
was  also  authorized  to  appoint  officers 
for  a  provisional  army,  and  to  receive 
and  organize  volunteer  corps,  who 
should  be  exempt  from  ordinary  militia 
duty;  but  neither  the  volunteers  nor 
the  officers  of  the  provisional  army 
were  to  receive  pay,  unless  called  into 
actual  service.  The  act  authorizing 
the  raising  of  a  provisional  army  was 
passed  at  the  close  of  the  month  of 
May,  IT 9 8.  In  the  midst  of  the  ex 
citement  of  preparation  for  what  seemed 
to  be  near  at  hand,  John  Marshall,  in 
June,  arrived  in  the  United  States,  and 
brought  with  him  the  news  of  the  in 
dignities  to  which  he  and  his  colleagues 
had  been  subjected.  On  the  21st  of 
June,  the  president  sent  a  brief  mes 
sage  to  the  House,  with  some  docu 
ments  on  the  subject  of  the  French 
negotiations,  concluding  it  in  words 
which  were  subsequently  remembered 
to  the  president's  disadvantage:  "I 
will  never  send  another  minis- 

^  ..,  179§. 

ter   to   .trance,   without   assur 
ances  that  he  will  be  received,  respect 
ed  and  honored,  as  the  representative 
of  a  great,  free,  powerful,  and   inde 
pendent  nation." 


On.  X.] 


WASHINGTON'S   VIEWS   AND   SENTIMENTS. 


425 


Washington,  we  may  be  sure,  was 
no  unconcerned  spectator  of  the  pro 
gress  of  events.  Though  devoted  to 
agricultural  pursuits,  and  withdrawn 
from  the  busy  world,  no  circumstance 

affecting  the  welfare    of  his   beloved 

~ 

country  was  without  interest  to  him. 
He  heard  with  deep  indignation,  as 
well  as  profound  regret,  of  the  insults 
of  the  Directory,  and  of  the  depreda 
tions  upon  American  commerce ;  and 
he  approved  entirely  the  vigorous 
measures  recommended  for  the  defence 
of  the  country.  Of  course,  as  soon  as 
it  was  foreseen  that  a  resort  to  arms 
might  be  necessary,  all  eyes  were 
turned  upon  Washington,  as  the  only 
man  who  could  be  placed  at  the  head 
of  the  army.  Letters  from  Hamilton, 
arid  other  friends,  poured  in  upon  him, 
urging  that  he  should  accept  the  com 
mand.  To  one  from  the  president, 
under  date  of  June  22d,  in  which  he 
said,  "We  must  have  your  name  if 
you  will  in  any  case  permit  us 
to  use  it ;  there  will  be  more 
efficacy  in  it  than  in  many  an  army;" 
Washington  replied,  soon  after,  as  fol 
lows  :  "At  the  epoch  of  my  retirement, 
an  invasion  of  these  states  by  any  Euro 
pean  power,  or  even  the  probability  of 
such  an  event  in  my  days,  was  so  far 
from  being  contemplated  by  me,  that 
I  had  no  conception  either  that,  or 
any  other  occurrence,  would  arrive  in 
so  short  a  period,  which  could  turn 
my  eyes  from  the  shades  of  Mount 
Vernon.  But  this  seems  to  be  the 

ao-e   of  wonders;    and    it   is  reserved 

s 

for  intoxicated  and  Liwless  France, 
(for  purposes  far  beyond  the  reach 
of  human  ken.)  to  slaughter  her  own 


179*. 


citizens,  and  to  disturb  the  repose  of  all 
the  world  besides. 

"  From  a  view  of  the  past — from  the 
prospect  of  the  present — and  of  that 
which  seems  to  be  expected,  it  is  not 
easy  for  me  to  decide  satisfactorily  on 
the  part  it  might  best  become  me  to 
act.  In  case  of  actual  invasion  by  a 
formidable  force,  I  certainly  should  not 
entrench  myself  under  the  cover  of  age 
and  retirement,  if  my  services  should 
be  required  by  my  country  to  assist  in 
repelling  it.  And  if  there  be  good 
cause  to  expect  such  an  event,  which 
certainly  must  be  better  known  to  the 
government  than  to  private  citizens, 
delay  in  preparing  for  it  may  be  dan 
gerous,  improper,  and  not  to  be  justified 
by  prudence.  The  uncertainty,  .how 
ever,  of  the  latter,  in  my  mind,  creates 
my  embarrassment ;  for  I  cannot  bring 
it  to  believe,  regardless  as  the  French 
are  of  treatie?  and  of  the  laws 
of  nations,  and  capable  as  I 
conceive  them  to  be  of  any  species  of 
despotism  and  injustice,  that  they  will 
attempt  to  invade  this  country,  after 
such  a  uniform  and  unequivocal  ex 
pression  of  the  determination  of  the 
people  in  all  parts  to  oppose  them  with 
their  lives  and  fortunes.  That  they 
have  been  led  to  believe  by  their 
agents  and  partisans  among  us,  that 
we  are  a  divided  people ;  that  the  lat 
ter  are  opposed  to  their  own  govern 
ment  ;  and  that  the  show  of  a  small 
force  would  occasion  a  revolt,  I  have 
no  doubt;  and  how  far  these  men 
(grown  desperate)  will  further  attempt 
to  deceive,  and  may  succeed  in  keeping 
up  the  deception,  is  problematical. 
Without  that,  the  folly  of  the  Direc- 


1798. 


426 


FIRST  YEAR   OF   ADAMS'S   ADMINISTRATION. 


.  TV. 


tory  in  such  an  attempt  would,  I  con 
ceive,  be  more  conspicuous,  if  possible, 
than  their  wickedness. 

"  Having  with  candor  made  this  dis 
closure  of  the  state  of  my  mind,  it 
remains  only  for  me  to  add,  that  to 
those  who  know  me  best  it  is  best 
known,  that  should  imperious  circum 
stances  induce  me  to  exchange  once 
more  the  smooth  paths  of  retirement 
for  the  thorny  ways  of  public  life,  at  a 
period  too  when  repose  is  more  con 
genial  to  nature,  that  it  would  be  pro 
ductive  of  sensations  which  can  be 
more  easily  conceived  than  expressed." 

Washington  also  wrote  to  the  secre 
tary  of  war,  offering  his  best  counsels, 
and  suggesting  the  wisest  course  to  be 
adopted  in  such  a  crisis.  But  before 
his  letters  arrived  at  the  seat  of  gov 
ernment,  Adams  had  nominated  him 
commander-in-chief  of  the  armies  of 
the  United  States,  and  the  Senate,  on 
July  the  3d,  1798,  unanimously  con 
firmed  the  choice.  Mr.  M'llenry,  the 
secretary  of  war,  was  dispatched  in 
person  to  Mount  Vernon,  as  the  bearer 
of  the  commission. 

Washington  accepted  the  appoint 
ment,  as  Mr.  Sparks  states,  with  two 
reservations;  first,  that  the  principal 
officers  should  be  such  as  he  approved ; 
secondly,  that  he  should  not  be  called 
into  the  field,  till  the  army  was  in  a 
condition  to  require  his  presence,  or  till 
it  became  necessary  by  the  urgency  of 
circumstances.  He  added,  however, 
that  he  did  not  mean  to  withhold  any 
assistance  he  could  afford  in  arrancrinir 

o        o 

and  organizing  the  army;  and  in  con 
formity  with  the  rule  he  had  always 
followed,  he  declined  receiving  any 


part  of  the  emoluments  annexed  to  his 
appointment,  until  he  should  be  in  a 
situation  to  incur  expense.  "  Believe 
me,  sir,"  were  some  of  his  weighty 
words  to  the  president,  in  the  letter  ac 
cepting  the  appointment  of  lieutenant- 
general  of  the  army,  "  no  one  can  more 
cordially  approve  of  the  wise  and  pru 
dent  measures  of  your  administration. 
They  ought  to  inspire  universal  confi 
dence,  and  will,  no  doubt,  combined 
with  the  state  of  things,  call  from  Con 
gress  such  laws  and  means  as  will 
enable  you  to  meet  the  full  force  and 
extent  of  the  crisis.  Satisfied,  there 
fore,  that  you  have  sincerely  wished 
and  endeavored  to  avert  war,  and  ex 
hausted,  to  the  last  drop,  the  cup  of 
reconciliation,  we  can  with  pure  hearts 
appeal  to  Heaven  for  the  justice  of  our 
cause ;  and  may  confidently  trust  the 
final  result  to  that  kind  Providence 
who  has  heretofore,  and  so  often,  sig 
nally  favored  the  people  of  these  Unit> 
ed  States." 

Congress,  meanwhile,  were  actively 
engaged  upon  the  various  questions 
which  required  attention  at  their 
hands.  Measures  of  immediate  impor 
tance  were  proposed,  were  earnestly 
discussed,  and  were,  in  substance, 
adopted.  On  a  previous  page,  (p. 
424,)  we  have  spoken  of  the  steps 
taken  to  raise  and  officer  a  suitable 
land  force,  in  case  of  an  attempted  in 
vasion  by  the  French.  Previously  to 
this,  one  of  the  most  important  meas 
ures  of  Adams's  administration  was 
urged  upon  Congress,  we  mean  the 
establishing  the  department  of  the 
navy.  Heretofore,  matter's  relating  to 
the  maritime  force  and  service  of  the 


CH.  X.] 


THE  NAVY  DEPARTMENT  FORMED. 


427 


United  States  had  been  committed 
principally  to  the  secretary  of  war,  and 
in  part  to  some  of  the  officers  of  the 
treasury  department ;  but  now 
that  an  increased  naval  force 
was  demanded,  in  the  present  position 
of  affairs  as  respected  France,  the  plac 
ing  of  naval  matters  in  charge  of  a 
separate  department  became  in  every 
point  of  view  necessary.  At  the  close 
of  April,  by  a  vote  of  forty-seven  to 
forty-one,-  the  republican  party  oppos 
ing  the  bill,  the  navy  department  was 
created.  The  secretaryship  was  offered 
to  George  Cabot  of  Massachusetts,  who 
was  excellently  qualified  for  the  post ; 
on  his  declining  the  appointment,  Ben 
jamin  Stoddert  of  Maryland  became, 
May  21st,  the  first  secretary  of  the 
navy.  Referring  to  Cooper's  "Naval 
History"  for  particulars,  we  may  here 
state,  that  the  United  States,  44,  was 
the  first  vessel  that  was  got  into  the 
water  under  the  present  organization 
of  the  navy.  She  was  launched  at 
Philadelphia  on  the  10th  of  July,  and 
the  Constellation,  38,  followed  her  on 
the  7th  of  September.  "  The  whole  force 
authorized  by  law,  on  the  16th  of  July, 
consisted  of  twelve  frigates;  twelve 
ships  of  a  force  between  twenty  and 
twenty-four  guns  inclusive ;  and  six 
smaller  sloops,  besides  galleys  and  rev 
enue  cutters  ;  making  a  total  of  thirty 
active  cruisers."* 

To  meet  the  expenses  incident  to 
placing  the  country  in  a  state  of  de 
fence,  and  the  creation  of  a  navy,  addi 
tional  funds  became  necessary.  The 
committee  of  ways  and  means  took  up 

*  Cooper's  '•'•Naval  History"  vol.  i.,  pp.  152,  53. 


the  subject;  called  upon  the  secretary 
of  the  treasury  for  information  as  to 
the  sums  probably  required,  and  the 
state  of  the  finances ;  and  reported,  on 
the  1st  of  May,  that  it  was  necessary 
to  raise  some  $2,000,000  by  a  direct 
tax  on  lands,  houses,  and  slaves.  Bills 
were  subsequently  brought  in  for  the 
valuation  of  lands  and  houses,  and  the 
enumeration  of  slaves,  and  to  lay  and 
collect  a  direct  tax  upon  those  objects. 
It  was  not,  however,  till  July, 
that  authority  was  given  to  the 
president  to  borrow  $2,000,000  in  an 
ticipation  of  the  amount.  "  To  answer 
present  exigencies,  another  act  was 
passed,  enabling  the  president  to  bor 
row  $5,000,000  for  the  public  service, 
on  the  most  advantageous  terms  which 
could  be  obtained,  the  stock  issued  for 
the  loan  to  be  reimbursible  at  the  end 
of  fifteen  years,  and  the  moneys  to  be 
applied  to  make  up  the  deficiencies  in 
the  appropriations,  and  defray  the  ex 
penses  of  national  defence.  For  the 
payment  of  interest  and  the  reimburse 
ment  of  principal,  the  surplus  of  import 
and  tonnage  duties  was  bound,  and 

O 

the  faith  of  the  United  States  pledged 
to  provide  permanent  revenues  for  any 
deficiency."* 

On  the  7th  of  July,  an  act  was 
passed  to  declare  the  treaties  hereto 
fore  concluded  with  France,  no  longer 
obligatory  on  the  United  States.  The 
reasons  assigned  in  the  preamble  are, 


*  Gibbs's  "  Administrations  of  Washington  and 
Adams"  vol.  ii.,  p.  67.  Mr.  Gibbs  also  states,  that 
the  certificates  of  stock  under  this  act  were  not  issued 
until  1799,  and  that  the  stock  is  known  in  the  finan 
cial  history  of  the  country  as  "the  navy  six  per 
cents." 


428 


FIRST  YEAR  OF   ADAMS'S   ADMINISTRATION. 


[BK.  IV. 


that  those  treaties  had  been  repeat 
edly  violated  on  the  part  of  the  French 
government ;  that  the  first  claims  of 
the  United  States  for  the  reparation 
of  those  injuries  had  been  refused,  and 
their  attempts  to  negotiate  an  amicable 
adjustment  of  all  complaints  between 
the  two  nations  repelled  with  indigni 
ty;  and  that,  under  authority  of  the 
French  government,  there  was  yet  pur 
sued  against  the  United  States  a  sys 
tem  of  predatory  violence,  infracting 
the  said  treaties,  and  hostile  to  the 
rights  of  a  free  and  independent  na 
tion. 

It  was  during  this  session  of  Congress 
that  those  acts  were  passed  which 
caused  John  Adams's  administration  to 
be  stigmatized  in  the  severest  terms, 
and  which,  no  doubt,  hastened  the 
downfall  of  the  federal  party ;  we  refer 
to  the  acts  of  the  18th  of  June,  amend 
ing  the  previous  naturalization  laws, 
and  requiring  a  residence  of  fourteen 
years  in  order  to  become  a  citizen ; 
that  of  June  25th,  entitled  an  act  con 
cerning  aliens;  that  of  July  6th,  con 
cerning  alien  enemies ;  and  that  of  July 
14th,  "in  addition  to  the  act  for  the 
punishment  of  certain  crimes  against 
the  United  States."  The  last 
three  of  these  acts  are  what  are 
commonly  known  as  the  alien  and  se 
dition  laws.  Some  further  notice  of 
these  laws  seems  to  be  demanded  in 
this  place,  as  due  alike  to  the  adminis 
tration  of  John  Adams,  and  the  object 
they  were  intended  to  accomplish. 

The  republican  party  in  Congress 
had  lost  ground,  as  we  have  before 
stated,  in  consequence  of  the  result  of 
the  French  mission,  and  some  of  the 


members  had  retired  from  active  duty, 
waiting  a  favorable  opportunity  to 
bring  their  views  of  state  power  and 
influence  to  bear  upon  public  affairs. 
Under  date  of  April  26th,  writing  to 
Madison  of  the  present  position  of 
matters,  when  the  democratic  mem 
bers,  acting  upon  a  significant  hint  of 
the  vice-president,  had  "gone  home  to 
consult  their  constituents,"  Jefferson 
says ;  "  In  this  state  of  things,  they  (the 
federalists)  will  carry  what  they  please. 
One  of  the  war  party,  in  a  fit  of  un 
guarded  passion,  declared  some  time 
ago  they  would  pass  a  citizen  bill,  an 
alien  bill,  and  a  sedition  bill.  Accord 
ingly,  some  days  ago,  Coit  laid  a  motion 
on  the  table  of  the  House  of  Repre 
sentatives,  for  modifying  the  citizen 
law.  Their  threats  pointed  at  Gallatin, 
and  it  is  believed  they  will  endeavor 
to  reach  him  by  this  bill.  Yesterday, 
Mr.  Ilillhouse  laid  on  the  table  of  the 
Senate  a  motion  for  giving  power  to 
send  away  suspected  aliens.  This  is 
understood  to  be  meant  for  Volney 
and  Collot ;  but  it  will  not  stop  there 
when  it  gets  into  a  course  of  execution. 
There  is  now  only  wanting,  to 
accomplish  the  whole  declara 
tion  before  mentioned,  a  sedition  bill, 
which  we  shall  certainly  see  proposed. 
The  object  of  that  is  the  suppression 
of  the  whig  presses.  Bache's  has  been 
particularly  named.  That  paper,  and 
also  Carey's,  totter  for  want  of  sub 
scriptions.  We  should  really  exert 
ourselves  to  procure  them,  for  if  these 
papers  fall,  republicanism  will  be  en 
tirely  brow-beaten." 

We  have  quoted  Jefferson  as  giving 
a  good  idea  of  what  he  supposed  the 


179§. 


CH.  X.] 


THE  ALIEN  AND  SEDITION  LAWS. 


429 


federalists  would  undertake  to  do,  and 
what  objects  they  had  in  view  by  the 
com^e  which  they  had  prescribed  to 
themselves.  We  ask  the  reader  to 
observe  carefully  just  what  was  done 
at  the  time,  and  also  how  far  it  was 
called  for  by  the  existing  state  of 
things  in  the  United  States. 

By  the  acts  respecting  aliens,  it  was 
provided,  that  a  register  of  resident 
aliens  should  be  kept ;  and  they  were 
required,  under  specified  penalties,  to 
report  themselves  to  particular  officers, 
at  certain  times  ;  it  was  also  made  law 
ful  for  the  president  to  order  all  such 
aliens  as  he  judged  to  be  dangerous  to 
quit  the  territory  of  the  United  States, 
within  a  limited  time  ;  and  in  case  any 
alien,  having  received  such  an  order, 
should  be  found  in  the  United  States, 
and  at  large,  after  the  term  named,  he 
might  be  imprisoned  for  three  years,  or 
a  shorter  period,  and  be  declared  inca 
pable  of  ever  becoming  a  citizen  of  the 
United  States ;  and  after  declaration  of 
war,  or  in  case  of  invasion,  citizens  of 
the  hostile  nation,  on  proclamation  by 
the  president,  might  be  imprisoned  or 
sent  out  of  the  country.  "  As  this  law 
respecting  aliens  was  made  at  the  sug 
gestion  of  the  president,"*  says  Sullivan, 
"  it  furnished  a  new  and  prolific  theme 
of  reproach.  It  was  called  by  the 
opposition,  a  British  measure  ;  a  servile 
copying  of  the  forms  of  kingly  despot 
ism  ;  and  an  incontestable  proof  of 
design  to  assimilate  our  government  to 
that  of  England,  and  eventually  to  ar. 


*  Mr.  C.  F.  Adams  (pp.  560-62)  asserts,  that  his 
grandfather  had  no  hand  in  suggesting,  or  procuring 
the  passage  of  the  alien  and  sedition  laws. 
VOL.  II.— 54 


rive  at  monarchy."  The  Virginians 
insisted  that  the  power  committed  to 
the  president  by  these  acts  would  be 
exercised  to  the  injury  of  native  citi 
zens ;  notwithstanding  the  express  lim 
itation  of  the  provisions  to  aliens.  And 
it  has  been  remarked,  that  "  the  clamor 
against  this  law  undoubtedly  had  a 
tendency  to  impair  the  president's 
popularity ;  though  it  is  not  recollected 
to  have  been  carried  into  effect  in  a 
single  instance? 

The  "sedition  law,"  as  it  is  called, 
provided  that  unlawful  combination 
against,  or  opposition  to,  properly  au 
thorized  measures  of  the  government, 
or  laws  of  the  United  States,  or  intimi 
dation  of  any  officer  of  government, 
should  be  punished  as  a  high  misde 
meanor,  by  a  fine  not  exceeding  $5,000, 
imprisonment  of  not  less  than  half  a 
year  nor  more  than  five  years,  and 
binding  to  good  behavior  as  the  court 
should  determine;  and  that  the  pub 
lication  of  libels  against  the  govern 
ment,  the  Houses  of  Congress,  or  the 
president,  to  bring  them  into  contempt, 
and  to  hinder  the  execution  of  the  laws, 
or  assist  the  designs  of  enemies  of  the 
country,  should  in  the  same  way  be 
punished  by  a  fine  of  not  more  than 
$2,000,  and  imprisonment  for  not  more 
than  two  years.*  Its  original  form  had 
differed  somewhat  from  this.  For  it 
could  not  be  expected  that  either  Sen- 


*  There  were  at  this  date,  two  hundred  newspapers 
published  in  the  United  States.  About  twenty  of 
these  were  in  favor  of  the  republican  party's  views 
and  tactics,  and  were  nearly  all  of  them  nnder  the 
control  of  aliens.  The  remaining  one  hundred  and 
eighty  advocated  the  policy  and  measures  of  the 
administration. 


430 


FIRST  YEAR  OF  ADAMS'S   ADMINISTRATION. 


[BK.  IV. 


1708. 


ate  or  Representatives  should  consent 
to  too  accurate  a  definition  of  "  treason" 
by  statute,  or  to  the  rendering 
criminal,  in  that  way,  the  "  rnis- 
prision  of  treason ;"  nor  that  they 
should  convert  into  an  offence,  punish 
able  by  law,  the  justification  of  the 
hostilities  of  the  French.  In  the  Sen 
ate  it  passed  finally  by  twelve  votes 
against  six ;  but  in  the  House,  by  the 
small  majority  of  forty-four  over  forty- 
one.  And  its  operation  was  limited  to 
the  term  of  two  years. 

Such,  in  substance,  were  the  alien 
and  sedition  laws;  and,  in  view  of  the 
actual  state  of  things,  it  does  not  seem 
surprising,  that  the  ruling  majority  in 
Congress  were  provoked  into  enacting 
laws  and  regulations  of  the  kind.  The 
country  swarmed  with  spies  and  se 
cret  agents.  Foreign  emissaries  and 
fugitives  from  justice  were  actively 
employed  in  stirring  up  internal  dis 
sensions.  There  were  some  thirty 
thousand  Frenchmen  in  the  United 
States,  numbers  of  whom  were  in  the 
pay  of  the  Directory,  and  busily  at 
work  to  accomplish  its  ends.  The 
number  of  British  subjects  was  still 
greater,  and  these,  with  thousands  of 
the  United  Irishmen,  and  of  German 
emigrants,  were  organized  into  associa 
tions  hostile  to  the  government.  In 
point  of  numbers,  and  in  daring,  fac 
tious  disregard  of  the  laws,  these  aliens 
were  naturally  a  source  of  alarm  to  all 
classes  of  Americans  who  had  the  wel 
fare  of  their  country  at  heart.  They 
abused  the  freedom  of  the  press  by 
traducing  the  character  of  the  admin 
istration  and  its  supporters,  in  the 
vilest  manner,  and  by  instigating  the 


resistance  of  the  people  against  the 
government  and  the  laws  of  the  Union. 

The  good  effects  of  the  alien  acts 
were  visible  even  before  their  passage, 
in  the  flight  of  some  of  the  most  noto 
rious  disturbers  of  the  peace.  "The 
threatening  appearances  from  the  alien 
bills,"  said  Jefferson,  "  have  so  alarmed 
the  French  who  are  among  us,  that 
they  are  going  off.  A  ship,  chartered 
for  this  purpose,  will  sail  within  a  fort 
night,  for  France,  with  as  many  as  she 
can  carry.  Among  these,  I  believe, 
will  be  Volney,  who  has  in  truth  been 
the  principal  object  aimed  at  by  the 
law."  Another  of  these  was  Collot, 
who  hud  signalized  himself  in  the 
spring  of  1796.  The  passage  of  these 
laws,  as  Mr.  Gibbs  states,  was  in  fact 
their  only  execution. 

The  main  objection,  however,  was  to 
the  sedition  law.  This,  which  was 
charged  with  abrid<nn«2r  the  freedom  of 

O  O        O 

the  press,  was  most  narrowly  scanned, 
and  the  law  respecting  aliens,  as  Tucker 
says,  "was  condemned  by  most  Ameri 
cans,  like  the  stork  in  the  fable,  for  the 
society  in  which  it  was  found,  and  for 
the  sake  of  soothing  the  great  mass  of 
foreigners,  who  were  not  yet  natural 
ized,  the  greater  part  of  whom, 
particularly  the  Irish  and  the 
French,  were  attached  to  the  republican 
party."  Unquestionably,  this  law  afford 
ed  abundant  opportunity  for  attack  to 
the  opposition ;  and  no  measure  more 
unwise  could  possibly  be  ventured  upon 
by  any  political  party  in  our  country, 
than  one  which  either  does  restrain,  or 
only  appears  to  restrain,  the  fullest 
liberty  of  the  press.  The  republicans 
availed  themselves  of  the  opening  thus 


179S. 


CH.  X.] 


ACTIVITY   OF  CONGRESS. 


431 


presented,  and  assailed  the  administra 
tion  with  great  force  and  pungency. 

On  the  whole,  however  strong  the 
arguments  which  may  be  urged  in  favor 
or  in  condemnation  of  these  enactments, 
we  think  that  the  language  of  John 
Quincy  Adams  expresses  all  that  need 
be  said  upon  the  subject.  "  If  Jefferson 
and  Madison  deemed  the  alien  and  se 
dition  acts  plain  and  palpable  infrac 
tions  of  the  Constitution,  Washington 
and  Patrick  Henry  held  them  to  be 
good  and  wholesome  laws.  These 
opinions  were  perhaps  all  formed  under 
excitements  and  prepossessions  which 
detract  from  the  weight  of  the  highest 
authority.  The  alien  act  was  passed 
under  feelings  of  honest  indignation  at 
the  audacity  with  which  foreign  emis 
saries  were  practising  within  the  bosom 
of  the  country  upon  the  passions  of  the 
people  against  their  own  government. 
The  sedition  act  was  intended  as  a  curb 
upon  the  publication  of  malicious  and 
incendiary  slander  upon  the  president, 
or  the  two  Houses  of  Congress,  or 
either  of  them.  But  they  were  restric 
tive  upon  the  personal  liberty  of  foreign 
emissaries,  and  upon  the  political  licen 
tiousness  of  the  press..  The  alien  act 
produced  its  effect  by  its  mere  enact 
ment,  in  the  departure  from  the  country 
of  the  most  obnoxious  foreigners,  and 
the  power  conferred  upon  it  by  the 
president  was  never  exercised.  The 
prosecutions  under  the  sedition  act  did 
but  aggravate  the  evil  which  they  were 
intended  to  repress.  Without  believ 
ing  that  either  of  those  laws  was  an 
infraction  of  the  Constitution,  it  may  be 
admitted,  without  disparagement  to  the 
authority  of  Washington  and  Henry, 


or  of  the  Congress  which  framed  the 
acts,  that  they  were  not  good  and 
wholesome  laws,  inasmuch  as  they 
were  not  suited  to  the  temper  of  the 
people."* 

In  addition  to  the  subjects  we  have 
noted  in  the  present  chapter  as  debated 
and  acted  upon,  during  the  second  ses 
sion  of  the  fifth  Congress,  wre  may  call 
the  attention  of  the  reader  to  the  me 
morial  of  the  Quakers  on  the  subject 
of  slavery,  November,  1797;  the  acts 
of  limitation  to  claims  against  the  gov 
ernment,  December,  1797  ;  the  annuity 
to  the  daughters  of  the  Count  de  Grasse, 
January,  1798;  the  foreign  diplomatic 
intercourse  bill,  January,  1798  ;f  the 
case  of  Matthew  Lyon  and  Roger  Gris- 
wold  for  breach  of  privilege  and  a'dis- 
graceful  fracas  in  the  House,  February, 
1798;  the  debate  on  the  Mississippi 
Territory  and  the  prohibition  of  sla 
very,  in  accordance  with  the  famous 
ordinance  of  1787,  March,  1798;  the 
capture  of  French  armed  vessels,  and 
suspending  commercial  intercourse  with 
France,  July,  1798;  etc.  For  the  de 
bates  on  these  topics,  the  reader  must 
consult  Mr.  Benton's  work,  vol.  ii.,  pp. 
183-320. 

Some  notion  of  the  activity  and  dili 
gence  of  Congress  during  the  present 
session  may  be  formed,  by  aid  of  the 

*  "  Life  of  James  Madison"  p.  73.  For  an  extract 
from  Mr.  Edward  Livingston's  speech  in  the  House, 
June  19th,  on  the  alien  bill,  see  Appendix  II.,  nt  the 
end  of  the  present  chapter. 

t  For  an  extract  from  the  long  and  able  speech  of 
Mr.  Robert  G.  Harper,  on  the  constitutional  powers 
of  the  president  and  Senate  relative  to  the  appoint 
ment  of  foreign  ministers,  delivered  in  the  House, 
March  2d,  1708,  see  Appendix  I.,  at  the  end  of  the 
present  chapter. 


432 


APPENDIX  TO  CHAPTER  X. 


[BK.  IV. 


fact,  that  eighty-five  acts  were  passed, 
in  all ;  and  that  beside  those  bearing 
upon  and  arising  from  the  dispute  with 
France,  was  one  postponing  the  impo 
sition  of  the  stamp  duties,  to  which 
unexpected  opposition  had  arisen ;  an 
other,  establishing  marine  hospitals  at 
various  ports,  by  means  of  a  trifling  sum 
deducted  monthly  from  the  wages  of 
seamen  in  every  branch  of  the  service ; 
and  a  third,  by  which  "any  person 
imprisoned  upon  execution  issuing  from 


any  court  of  the  United  States,  for  a 
debt  due  to  the  same,  might  procure 
his  freedom  by  application  in  writing 
to  the  secretary  of  the  treasury,  stating 
the  circumstances  of  the  case,  and  his 
inability  to  discharge  the  debt,  pro 
vided  there  was  proof  sufficient  of  the 
truth  of  the  debtor's  statements." 

On  the  19th  of  July,  Congress  closed 
its  busy  session,  and  adjourned  till  the 
first  Monday  in  the  following  De 
cember. 


APPENDIX    TO     CHAPTER    X. 


I.  MR.  R.   G.   HARPER'S  SPEECHES. 

1.    ON   THE   NECESSITY    OF    RESISTING    FRENCH    AGGRESSIONS. 

SOME  gentlemen  have  supported  this  amend 
ment  on  the  ground,  that  it  will  give  confidence 
to  the  people  of  this  country  in  the  executive ; 
and  one  gentleman  from  Virginia,  (Mr.  Nicholas,) 
has  gone  so  far  as  to  say,  that  the  people  of  this 
country  will  not  support  the  government,  unless 
its  measures  are  right.  Admitting  this  opinion 
to  be  true,  (and  I  am  inclined  to  think  it  may  be,) 
still  it  will  remain  to  be  inquired,  by  what  means 
and  on  what  standard  the  people  would  form  their 
opinion  of  the  propriety  and  wisdom  of  the  meas 
ures  pursued  by  their  government.  Not  cer 
tainly  from  the  declarations  of  that  gentleman  or 
his  friends  ;  because  there  has  not  been  one  meas 
ure  adopted  by  the  government,  since  its  forma 
tion,  which  they  have  not  opposed  in  the  House 
and  out  of  it,  on  which  they  have  not  set  the 
stamp  of  their  most  decided  censure;  and  yet, 
sir,  we  have  seen  all  these  measures  supported 
and  approved  of  by  the  people.  We  have  seen 
the  late  president,  who  was  in  a  peculiar  manner 
the  author  of  them,  under  whose  auspices  they 
were  adopted  and  established,  in  spite  of  the  most 
violent  and  persevering  opposition  from  these 


very  gentlemen — we  have  seen  him  surrounded 
with  applauses,  with  gratitude  and  with  thanks, 
from  every  quarter  of  the  Union ;  we  have  seen 
the  wisdom  and  firmness  of  his  administration 
made  one  very  principal  ground  of  these  thanks 
and  applauses ;  and  even  in  a  former  House  of 
Representatives,  where  the  principles  of  these 
gentlemen  did  so  greatly  preponderate,  when  they 
moved  to  strike  out  of  an  address  to  this  great 
man  a  clause  expressly  approving  his  administra 
tion,  as  wise,  firm  and  greatly  beneficial  to  his 
country,  the  motion  was  overruled  by  a  very 
large  majority ;'  and  when  the  address  itself,  con 
taining  this  obnoxious  clause,  was  put  to  the  vote, 
it  passed  with  only  twelve  nays.  Yet  gentlemen 
talk  to  us,  as  if  they  were  the  standard  by  which 
the  people  would  measure  the  conduct  of  govern 
ment  !  Sir,  the  people  are  not  truly  estimated 
by  those  gentlemen.  They  are  not  the  blind, 
ignorant  herd  which  those  gentlemen  take  them 
to  be.  They  will  do  in  future  what  they  have 
always  done  heretofore — they  will  judge  of  the 
measures  of  government  by  the  measures  them 
selves,  and  by  the  just  confidence  which  they  have 
long  placed  in  those  whom  they  have  appointed 
to  administer  it ;  not  by  the  opinions  or  invectives 
of  this  or  that  set  of  men,  cither  on  this  floor  or 


CH.  X.] 


HARPER'S  SPEECH   ON   FRENCH   AGGRESSIONS. 


433 


out  of  doors.  Gentlemen  ought  to  be  admon 
ished,  by  the  frequent  and  always  unsuccessful 
appeals,  which  they  have  made  to  the  people,  to 
give  up  at  length  this  vain  chimera  of  being  able 
to  rule  public  opinion,  with  which  they  have  so 
long  suffered  themselves  to  be  deluded. 

The  gentleman,  (Mr.  Gallatin,)  has  given  up 
the  point,  so  strongly  contended  for  by  others  on 
the  same  side  of  the  House.  He  has  admitted 
that  we  did  not,  by  the  treaty  with  England,  con 
cede  to  her  the  right  respecting  neutral  bottoms ; 
but  he  contends  that  we  should  have  made  no 
commercial-  treaty  with  her,  till  she  had  relin 
quished  that  right.  I  will,  however,  ask  that 
gentleman  and  the  committee,  whether  it  is  not 
wise  to  obtain  the  modification  of  a  right  which 
operates  unfavorably  to  us,  when  we  cannot  ob 
tain  its  relinquishment  ?  Is  it  not  wise  and  law 
ful,  since  we  cannot  prevent  this  operation,  to 
render  it  as  little  injurious  as  possible — to  lessen 
its  inconveniences  when  we  cannot  quite  remove 
them  1  This  is  what  the  treaty  has  done ;  and 
surely  we  may  do  this  without  asking  the  per 
mission  of  France,  or  giving  her  cause  of  offence. 

From  all  this  it  must  evidently  appear,  that 
we  have  not  conceded  this  right  to  England,  since 
she  possessed  it  by  the  law  of  nations ;  and  that 
we  have  done  France  no  injury.  Consequently, 
justice  does  not  require  us  to  concede  it  to  her. 
The  argument  of  necessity,  of  course,  falls  to  the 
ground. 

Will  the  argument  of  utility  avail  gentlemen 
any  better  ?  They  contend,  that  if  not  necessary, 
it  would  at  least  be  useful  to  make  this  concession 
to  France :  that  if  not  demanded  by  justice,  it  is 
at  least  recommended  by  policy.  If  so,  it  may 
be  done  by  the  president  without  our  assistance 
or  advice,  and  the  same  good  effects  will  still 
result  from  it.  But  why  will  it  be  useful?  Will 
it  be  valuable  to  France?  Does  she  want  it? 
Will  this  concession  satisfy  her?  These  are 
questions  which,  in  my  opinion,  deserve  particu 
lar  and  serious  consideration. 

In  the  first  place,  I  would  ask  how  this  right 
can  be  valuable  to  France  ?  We  are  not  carriers 
for  Britain.  For  many  nations,  indeed,  wre  are 
carriers,  but  not  for  Britain  ;  which,  on  the  con 
trary,  is  very  considerably  a  carrier  for  us.  Our 
produce  is  often  found  in  her  ships — her  goods 


very  seldom  in  ours.  Consequently,  the  right  to 
take  British  property  on  board  of  our  ships,  is  a 
right  of  no  value  to  France.  Her  interest,  and  a 
very  powerful  one  it  is,  consists  not  in  using  the 
right  herself,  but  in  taking  it  away  from  England. 
It  is  not  to  seize  English  property  in  our  ships 
that  she  is  so  anxious,  but  to  make  French  prop 
erty  safe  from  being  seized  in  them  by  the  Eng 
lish.  Could  she  once  accomplish  this  point,  her 
commerce  would  float  safely  in  our  ships,  and 
England,  being  prohibited  to  touch  it,  would  be 
come  infinitely  less  formidable  to  her.  The  navy 
of  England  would,  in  fact,  become  in  a  great  de 
gree  useless  to  her,  in  a  war  against  France ; 
since  it  could  not  touch  her  commerce  secured 
under  our  neutral  flag,  while  France,  having  her 
commerce  thus  carried  on  for  her,  would  be  able 
to  employ  every  ship  and  every  sailor  she  pos 
sessed,  in  attacking  and  destroying  the  commerce 
and  the  navy  of  England.  Thus  that  naval  supe 
riority  which  she  so  much  dreads,  and  which 
enables  England  to  counterbalance  her  power  in 
Europe,  would  be  stripped  of  all  its  effects  and 
all  its  terrors.  It  is  not,  therefore,  wonderful, 
that  France  should  be  so  extremely  anxious  to 
deprive  England  of  this  right,  or  so  ready  to  re 
nounce  it  herself.  It  is  of  no  use  to  her,  and  of 
infinite  use,  perhaps  necessity,  to  England. 

Accordingly  it  has  been  seen,  that  France, 
while  perpetually  urging  us  to  resist  the  exercise 
of  this  right  by  England,  and  even  quarrelling 
with  us  for  not  doing  so,  has  never  hinted  the 
least  desire  to  have  it  herself.  She  has  not  been 
slow  or  diffident,  every  body  knows,  in  demand 
ing  what  she  thinks  useful  to  herself;  and  it  may, 
therefore,  be  most  safely  concluded,  that  since 
she  has  not  demanded  this,  she  thinks  it  of  no  use 
to  her,  and  does  not  want  it.  To  show  us,  indeed, 
how  little  she  cares  about  it,  she  has  taken  it 
lately  by  a  formal  decree,  and  yet  still  continues 
to  quarrel  with  us,  and  plunder  us. 

What  reason  then,  I  would  ask,  is  there  for 
supposing,  that  France  will  be  satisfied  by  this 
concession?  Does  she  limit  her  claims  to  this? 
Some  gentlemen,  particularly  one  from  Maryland, 
(Mr.  S.  Smith,)  has  said  so  :  but  does  she  say  so  ? 
Is  that  gentleman  in  the  secret  of  her  councils,  or 
authori/ed  to  explain  her  pretensions  ?  If  so,  let 
him  show  his  credentials.  If  not,  the  House  must 
take  the  liberty  of  judging,  not  from  his  asser 


434 


APPENDIX  TO   CHAPTER  X. 


[BK.  IV. 


tions,  but  from  the  acts  of  France  herself;  from 
the  official  papers  presented  by  her  ministers. 
Let  the  gentleman  from  Maryland  read  these  pa 
pers,  lie  will  find  in  them  a  great  many  preten 
sions  to  which  he  will  never  submit — but  not  one 
word  of  this.  That  gentleman  has  said,  that  her 
decree  of  March  2d,  wherein  she  takes  these 
rights,  which  gentlemen  are  so  anxious  to  have 
conceded  to  her,  ought  to  overrule  all  her  former 
acts,  to  be  considered  as  her  ultimatum,  as  the 
final  declaration  of  her  wishes,  her  claims,  and 
her  pretensions.  If  so,  why  continue  to  plunder 
and  maltreat  us  since  that  decree  ?  Why  send 
away  our  minister?  Why  refuse  to  receive  an 
other,  unless  all  the  grievances  of  which  she  has 
complained,  and  to  the  redress  of  which  she 
thinks  herself  entitled,  shall  first  be  removed? 
Gentlemen  have  found  in  that  phrase,  "  to  the 
redress  of  which  she  is  entitled,"  a  wonderful  re 
striction  of  all  her  demands,  and  a  very  concilia 
tory  disposition.  But  who  is  to  declare  which 
are  the  complaints,  to  the  redress  of  which  she  is 
entitled  ?  Certainly  she  herself.  And  where  is 
this  country  to  look  for  the  declaration  ?  Cer 
tainly  in  the  official  acts  of  her  government 
directed  to  ours,  and  not  in  decrees  passed  long 
after,  nor  in  the  speeches  of  members  on  this 
floor.  The  first  of  these  acts  is  M.  de  la  Croix's 
summary,  delivered  to  our  ministers  at  Paris, 
March  9th,  1796,  and  containing  complaints 
against  the  whole  British  treaty,  against  the  in 
terference  of  our  courts  with  French  prizes,  and 
against  the  construction,  put  by  our  government 
on  the  laws  of  neutrality,  and  on  some  articles 
of  the  treaty  with  France.  Next  comes  the 
decree  of  July  4th,  1796,  for  enforcing  these 
complaints.  After  that  is  M.  Adet's  fifth  note 
of  October  27th,  1796,  communicating  this  de 
cree  ;  and  last  of  all  comes  his  manifesto,  Novem 
ber  loth,  1796,  in  which  all  the  former  complaints 
made  by  himself,  his  predecessors  and  M.  de  la 
Croix,  are  enlarged  upon  and  enforced.  On  the 
]  2th  of  December  following,  the  Directory  refused 
to  receive  our  minister,  and  declared  that  they 
would  in  future  receive  no  minister-plenipotenti 
ary  from  us,  till  all  the  injuries,  of  which  they 
had  complained,  were  redressed.  What  are  the 
complaints  here  referred  to?  Certainly  those 
contained  in  the  manifesto  of  M.  Adet :  for  as  the 
Directory  had  no  doubt  given  him  instructions,  as 


to  the  manifesto  and  the  time  of  publishing  it, 
they  must  have  known  that  it  had  been  published, 
when  they  gave  this  answer  to  Gen.  Pinckney  ; 
and  to  that  manifesto,  and  the  complaints  con 
tained  in  it,  the  answer  no  doubt  refers.  As  to 
the  decree  of  March  2d,  which  gentlemen  say, 
ought  to  be  considered  as  the  ultimatum  of 
France,  it  did  not  take  place  till  two  months 
afterwards  :  and  to  suppose  that  the  Directory,  in 
refusing  to  receive  a  minister  on  account  of  griev 
ances  complained  of,  had  reference  to  a  complaint 
made  two  months  after,  would  certainly  be  to 
charge  them  with  a  very  singular  absurdity. 

I  cannot,  therefore,  be  persuaded  that  these 
concessions,  so  much  relied  on  by  gentlemen,  will 
satisfy  France,  since  it  is  certain  that  they  form 
no  part  of  her  present  demands,  that  she  never 
has  asked  for  them,  and  that  they  would  be  of 
little  value  to  her,  if  she  had  them.  This  conclu 
sion  is  greatly  strengthened  by  the  consideration, 
that  although  she  had  possessed  herself  of  these 
rights  by  the  decree  of  July  4th,  1796,  and  still 
more  formally  and  expressly  by  that  of  March 
2d,  1797,  she  still  continued  to  pillage  and  mal 
treat  this  country,  under  the  pretext  of  other  com 
plaints  ;  whereas,  had  these  rights  now  proposed 
to  be  ceded  to  her,  been  the  sole  or  chief  object 
of  her  desires,  she  would  have  ceased  to  complain 
and  plunder,  as  soon  as  she  had  seized  them. 

It  will  be  highly  useful  to  inquire  what  the  real 
wishes  and  objects  of  France  are,  as  well  as  what 
they  are  not.  In  order  to  find  out  this,  it  will  be 
proper  to  ask,  what  has  been  the  scope  of  her 
policy  in  this  country  ?  And  what  is  the  ground 
of  her  anger  at  the  British  treaty?  For  my  part, 
I  have  no  doubt  that  the  whole  scope  of  the 
French  policy  towards  this  country  has  been  to 
draw  it  into  the  war  against  England,  and  the 
tendency  of  the  British  treaty  to  defeat  this  pro 
ject  the  whole  ground  of  their  animosity  against 
that  instrument.  It  is,  in  my  opinion,  a  vain  de 
lusion,  to  suppose  that  France  has  conceived  this 
mighty  resentment,  and  is  committing  these  un 
heard  of  outrages,  on  account  of  this  or  that 
article  of  a  treaty,  this  or  that  advantage  given  to 
another  nation,  and  withheld  from  her.  It  is  the 
treaty  itself,  which  has  given  her  offence ;  and  its 
tendency  to  preserve  peace  between  this  country 
and  Britain,  is  the  ground  of  that  offence.  If  it 


CH.  X.] 


HARPER'S  SPEECH  ON  FRENCH  AGGRESSIONS. 


435 


should  be  asked,  how  this  appears  to  have  been 
the  drift  of  France  ?  I  answer,  that  it  appears, 
in  the  first  place,  by  the  instructions  to  Genet. 
These  instructions  have  been  given  to  the  public 
by  M.  Genet  himself,  in  order  to  justify  his  con 
duct  in  this  country.  They  must  still  be  fresh 
in  the  recollection  of  most  persons;  but  as  there 
may  be  some  who  have  not  particularly  attended 
to  them,  or  have  forgotten  their  tenor,  it  will  not 
be  improper  to  cite  some  of  the  most  remarkable 
passages.  "The  executive  council,  (says  M.  Ge 
net,)  are  disposed  to  set  on  foot  a  negotiation  on 
these,  foundations,  (the  overtures  made  by  Gen 
eral  Washington  and  Mr.  Jefferson  for  a  new 
treaty,)  and  they  do  not  know  but  that  such  a 
treaty  admits  a  latitude  still  more  extensive,  in 
becoming  a  national  agreement,  in  which  two 
great  nations  shall  suspend"  (this,  sir,  should 
have  been  translated  unite)  "  their  commercial 
and  political  interests,  and  establish  a  mutual  un 
derstanding,  to  befriend  the  empire  of  liberty 
wherever  it  can  be  embraced,  and  punish  those 
powers  who  still  keep  up  an  exclusive  colonial 
and  commercial  system,  by  declaring,  that  their 
vessels  shall  not  be  received  in  the  ports  of  the 
contracting  parties."  Thus  it  appears,  that  this 
treaty  is  not  only  to  be  a  commercial,  but  also  a 
political  union  :  that  we  are  to  assist  in  extending 
French  principles  and  French  influence,  under 
the  name  of  guaranteeing  the  sovereignty  of  the 
people,  and  befriending  the  empire  of  liberty ; 
and  that,  in  order  to  accomplish  this  end,  we  are 
to  shut  our  ports  against  all  the  powers  who 
maintain  an  exclusive  commercial  and  colonial 
system ;  that  is,  against  the  English,  Spaniards, 
Danes  and  Dutch.  This  amounts  in  substance, 
and  almost  in  name,  to  an  alliance  offensive  and 
defensive  with  France. 

It  being,  as  I  conceive,  perfectly  manifest  from 
all  these  considerations,  that  the  plan  of  France 
has  always  been  to  draw  us  into  the  war;  the 
House  is  furnished  with  a  ready  solution  of  her 
anger  against  the  British  treaty,  and  a  clue  to  all 
her  present  measures.  It  is  evident,  that  her 
anger  at  the  treaty  has  arisen  entirely  from  its 
having  defeated  her  plar.  of  drawing  us  into  the 
war;  and  it  will  readi/y  appear,  that  the  whole 
aim  and  object  of  her  present  measures  are  to 
compel  us  to  renounce  it ;  to  drive  us  into  that 


quarrel  with  England,  into  which  she  has  failed 
in  her  attempts  to  entice  us.  She  must  either 
mean  this,  or  she  must  mean  seriously  to  attack 
us,  and  drive  us  into  a  war  against  herself.  To 
discover  which  of  these  is  her  real  object,  what 
is  the  true  motive  of  her  present  measures,  is  of 
the  utmost  importance;  because  till  that  is  done, 
it  will  be  ditKcult  to  determine,  in  what  manner 
those  measures  ought  to  be  counteracted,  which 
is  the  point  immediately  under  consideration. 

I  can  never  believe,  that  it  is  the  intention  of 
Franco  seriously  to  attack  this  country,  or  tt 
drive  it  into  a  war  against  herself.  She  has  toe 
much  to  lose  and  too  little  to  gain  by  such  a  con 
test,  to  have  seriously  resolved  on  it,  or  even  to 
wish  it.  In  her  counsels,  I  have  observed  great 
wickedness,  but  no  folly  ;  and  it  would  be  the  ex 
treme  of  folly  in  her  to  compel  this  country  to 
become  her  enemy  ;  especially  in  the  present  war, 
when  we  can  throw  so  formidable  a  weight  into  the 
opposite  scale.  France  well  knows  our  power 
in  that  respect,  and  will  not  compel  us  to  exert  it. 
She  well  knows,  that  we  possess  more  shijxs  and 
more  seamen  than  any  country  upon  earth  ex 
cept  England  alone.  She  well  knows,  that  our 
sailors  are  the  most  brave,  skilful  and  enterprising 
in  the  world,  and,  that  by  arming  our  vessels,  our 
commerce  would  soon  be  made  to  float  safe  from 
privateers  ;  while  her  fleets  and  large  ships  would 
be  kept  in  awe  by  those  of  England.  She  knows 
that  in  the  late  war,  the  state  of  Massachusetts 
alone,  with  its  privateers,  took  one  third  of  all  the 
merchant  ships  of  Great  Britain,  and  that,  though 
she  had  no  commerce  to  be  attacked,  these  mari 
time  materials,  greatly  increased  since  that  time, 
would  enable  us,  if  driven  to  the  necessity,  to 
create  speedily  a  formidable  marine,  with  which 
we  could  not  only  defend  ourselves,  but  attack 
her  possessions.  She  knows,  that  we  have  a 
population  not  far  short  of  six  millions,  and  that 
the  martial  spirit  which  conducted  us  gloriously 
through  the  trying  scenes  of  the  late  war,  though 
dormant  indeed,  could  not  have  been  extinguished. 
She  knows,  that  by  co-operating  with  the  English, 
(a  co-operation  which  must  result  naturally  from 
our  being  driven  into  the  war,)  by  opening  our 
harbors  to  their  ships,  permitting  them  to  arm, 
refit  and  victual  in  our  ports,  to  recruit  among 
our  seamen,  and  to  employ  our  vessels  as  trans 
ports,  we  could  give  them  a  most  decided  pre- 


436 


APPENDIX  TO   CHAPTER  X. 


[BK.  IV. 


ponderance  in  the  American  seas,  under  which 
her  own  colonies,  and  those  of  Spain  and  Holland, 
which  she  most  justly  considers  as  her  own,  must 
speedily  fall.  She  knows,  that  in  case  of  a  war 
with  us,  Spain  and  Holland,  who  must  be  her 
allies,  would  be  within  our  grasp.  She  knows 
that  the  Americans  could  and  would  lay  hold  of 
New  Orleans  and  the  Floridas,  and  that  they  are 
well  acquainted  with  the  road  to  Mexico;  and 
she  would  dread  that  enterprising  valor,  which 
formerly  led  them  through  barren  wilds  and 
frozen  mountains,  to  the  walls  of  Quebec.  She 
knows,  in  fine,  that  to  drive  this  country  into  a 
war  with  her  at  the  present  juncture,  would  bring 
about  that  co-operation  of  means,  and  that  union 
of  interests  and  views  between  us  and  the  Eng 
lish,  which  it  has  been  the  great  object  of  her 
policy  to  prevent,  and  which  she  had  undertaken 
two  wars,  in  the  course  of  half  a  century,  for  the 
sole  and  express  purpose  of  breaking. 

It  is,  therefore,  I  think,  impossible  to  conceive, 
that  France  means  to  drive  or  provoke  us  into 
war.  Her  object,  in  my  opinion,  must  be  alto 
gether  different.  It  must  be  to  compel  us  to 
renounce  the  British  treaty,  and  renew  all  our 
differences  with  that  nation,  under  circumstances 
of  irritation  which  must  speedily  end  in  a  rupture. 
What  has  led  her  to  form  this  project?  From 
whence  could  she  derive  hopes  of  success  1 

She  has  been  led  to  form  it,  in  my  opinion, 
from  a  persuasion,  erroneous  indeed,  but  favored 
by  many  appearances,  that  we  are  a  weak,  pusil 
lanimous  people,  too  much  devoted  to  gain  to  re 
gard  our  honor,  too  careful  about  our  property 
to  risk  it  in  support  of  our  rights,  too  much  di 
vided  to  exert  our  strength,  too  distrustful  of  our 
own  government  to  defend  it,  too  much  devoted 
to  her  to  repel  her  aggressions  at  the  risk  of  a 
quarrel,  too  much  exasperated  against  England 
to  consent  to  that  co-operation,  which  must  of 
necessity  grow  out  of  resistance  to  France.  Va 
rious  occurrences  have  combined  to  produce  and 
confirm  this  persuasion,  and  the  forbearance 
which  our  government  has  exercised  towards  her 
self,  is  not  the  least  of  them.  She  has  seen  us 
submit,  with  patience,  to  the  insults  and  outrages 
of  three  successive  ministers,  for  the  very  least 
of  which,  she  would  have  sent  the  minister  of  any 
nation  out  of  her  country,  if  not  to  the  guillotine. 


Let  us  resolve  to  act  so  as  to  convince  France 
that  we  have  taken  the  resolution,  and  there  is 
nothing  to  fear.  This  conviction  will  be  to  us 
instead  of  fleets  and  armies,  and  even  more  effec- 
tual.  Seeing  us  thus  prepared  she  will  not  attack 
us.  Then  will  she  listen  to  our  peaceable  pro 
posals  ;  then  will  she  accept  the  concessions  we 
mean  to  offer.  But  should  this  offer  not  be  thus 
supported,  should  it  be  attended  by  any  circum 
stances  from  which  she  can  discover  weakness, 
distrust  or  division,  then  will  she  reject  it  with 
derision  and  scorn.  I  view  in  the  proposed 
amendment  circumstances  of  this  kind ;  and  for 
that,  among  other  reasons,  shall  vote  against  it. 
I  shall  vote  against  it  not  because  I  am  for  war,  but 
because  I  am  for  peace ;  and  because  I  see  in  this 
amendment  itself,  and  more  especially  in  the 
course  to  which  it  points,  the  means  of  impeding, 
instead  of  promoting  our  pacific  endeavors.  And 
let  it  be  remembered,  that  when  we  give  this 
vote,  we  vote  not  only  on  the  peace  of  our  coun 
try,  but  on  what  is  far  more  important,  its  rights 
and  its  honor. 


2.    ON    THE    APPOINTMENT   OF   FOREIGN    MINISTERS. 

The  great  object  then,  as  before,  was  war 
against  England,  and  alliance  with  France ;  but 
not  one  wrord  was  said  about  war  or  alliance, 
words  which  might  have  created  alarm,  and  given 
rise  to  hesitation.  But  measures  were  proposed, 
the  direct  and  inevitable  tendency  of  which  was 
to  widen  the  breach  with  England,  and  inflame 
the  two  countries  more  and  more  against  each 
other.  These  measures  assumed  various  shapes 
to  suit  the  feelings  and  catch  the  passions  of  par 
ticular  individuals  or  classes  of  men,  and  were 
urged  with  unremitting  zeal,  and  indefatigable  in 
dustry.  Sometimes  commercial  restrictions  on 
the  trade  of  England  were  attempted  ;  sometimes 
the  intercourse  between  the  two  countries  was  to 
be  cut  off;  and  sometimes  confiscation  and  se 
questration  were  resorted  to.  Many  of  our  best 
citizens,  and  the  firmest  friends  to  peace  and 
neutrality,  were  impelled  by  the  warmth  of  the 
moment,  and  the  insinuations  of  this  party,  to 
favor  and  even  propose  or  advocate  these  meas 
ures  ;  and  nothing  was  omitted  to  raise  a  storm 
of  popular  resentment  and  public  odium  against 
all  those  who  had  the  firmness  to  withstand  them. 


HARPER'S  SPEECH   ON   FOREIGN  MINISTERS. 


43' 


To  speak  of  negotiation  was  branded  as  pusilla 
nimity ;  to  speak  of  attempts  at  amicable  adjust 
ment  was  pronounced  to  be  little  short  of  treason. 
Gentlemen,  for  their  opposition  to  these  hostile 
measures,  were  stigmatized  on  this  floor  as  the 
agents  of  England  ;  mobs  were  hired  to  burn 
them  in  effigy  in  various  towns  in  the  Union  ;  the 
presses  devoted  to  the  war  party  assailed  them 
with  continued  volleys  of  calumny;  their  names 
were  coupled  with  every  disgraceful  epithet,  with 
every  vile  accusation,  in  the  toasts  of  clubs,  and 
the  resolutions  of  societies ;  and  finally,  by  all 
these  means,  aided  by  the  continued  aggressions 
of  England,  an  universal  flame  was  excited  in  the 
country,  and  the  party  saw  itself  approach  to  the 
moment  of  its  triumph  over  the  system  of  peace 
and  neutrality. 

When  the  country  was  thus  on  the  point  of 
rushing  down  the  precipice,  the  president  of  the 
United  States,  destined  so  often  to  become  its 
saviour,  again  stretched  out  his  paternal  hand  and 
prevented  the  fall.  Interposing  the  powers  of 
his  office,  and  his  unbounded  personal  popularity, 
between  the  legislature  and  the  gulf  at  the  very 
brink  of  which  it  had  almost  arrived,  he  arrested 
its  career,  and  afforded  the  country  time  to  re 
cover  from  its  delirium.  lie  sent  an  envoy  ex 
traordinary,  to  make  one  further  attempt  at  an 
amicable  adjustment  of  our  differences  with  Eng 
land,  before  we  should  resolve  to  terminate  them 
by  the  sword ;  and  by  this  step  he  again  broke 
the  measures  of  the  war  party. 

Their  rage  was  proportioned  to  their  disap 
pointment,  and  it  hurried  them  into  the  most 
furious  invectives  against  the  president,  against 
the  envoy,  and  against  all  who  were  understood 
to  favor  the  measure.  Every  body  remembers, 
Mr.  Chairman,  how  they  accused  this  envoy  of 
being  a  tool  of  the  British  ministry,  an  enemy  to 
liberty,  and  even  an  opposer  of  the  independence 
of  this  country.  Every  body  remembers  what 
clamors  were  raised  about  the  unconstitutionality 
of  his  appointment;  how  the  clubs  toasted,  the 
orators  harangued,  and  the  societies  resolved. 
Every  body  remembers  how  all  the  presses, 
under  the  influence  of  this  party,  loudly  alleged, 
that  the  friends  of  the  negotiation  were  a  faction 
devoted  to  England,  and  that  the  president  of  the 
United  States,  by  sending  the  envoy,  had  placed 
himself  at  the  head  of  the  faction.  Every. one 
VOL.  IT.— 55 


remembers  how  the  leaders  of  this  party  did  not 
refrain  from  repeating  these  accusations  within 
the  walls  of  this  House,  and  even  on  this  floor. 
It  was  in  vain  that  the  friends  of  the  measure  and 
of  peace,  spoke  to  them  in  language  like  this. 
"  Let  this  attempt  at  negotiation  be  made,  and  if 
it  fails,  we  will  join  you  in  war.  Should  England 
refuse  to  do  us  justice,  when  thus  peaceably  ap 
plied  to,  we  will  join  you  in  every  measure  of 
compulsion.  We  consider  this  as  the  last  effort 
at  negotiation  ;  and  so  the  president  has  announced 
it  in  his  message  for  nominating  the  envoy."  No  ! 
These  gentlemen  now  so  peaceable,  when  France 
repels  with  contempt  two  successive  efforts  at 
negotiation,  and  meets  all  our  advances  by  new 
measures  of  hostility,  could  then  be  satisfied  with 
nothing  less  than  immediate  measures  of  coercion 
and  irritation  against  England.  A  single  attempt 
to  negotiate,  they  reprobated  as  pusillanimity, 
and  the  very  idea  of  a  compromise  they  treated 
as  a  surrender  of  the  rights  and  honor  of  the 
country. 

When  the  envoy  arrived,  and  presented  a  -me 
morial,  stating  all  our  claims,  and  urging  satis 
faction,  but  urging  in  the  usual  forms  of  diplo. 
matic  civility,  these  forms  were  converted  into  a 
cause  of  accusation,  a  most  violent  outcry  was 
raised  against  this  civility  by  the  very  gentlemen 
who  now  proclaim  their  unbounded  and  even 
enthusiastic  approbation  of  the  conduct  of  the  late 
minister  to  France,  who,  in  his  first  address  to 
the  government  of  that  republic,  assured  it  sol 
emnly  and  publicly,  that  this  country  was  ready 
to  submit  cheerfully  to  any  infractions  of  its 
treaties  or  violation  of  its  rights,  which  France 
might  think  it  for  her  own  advantage  to  commit ! 
Whence  this  strange  inconsistency,  but  from  an 
eager  desire  of  war  against  England,  and  a  blind 
servile  devotedness  to  France  1  And  will  gentle 
men,  after  all  this,  deny  that  the  whole  scope  of 
the  measures,  the  whole  drift  of  the  system  of 
their  party,  has  been  war  against  England  and 
alliance  with  France? 

The  envoy,  however,  continued  to  negotiate, 
and  at  length  concluded  a  treaty,  by  which  ancient 
differences  were  adjusted,  and  the  foundation  laid 
for  amity  in  future.  No  sooner  did  the  treaty 
arrive  in  the  country,  than  every  artifice  was 
used  to  inflame  the  public  mind,  and  excite 
against  it  the  popular  prejudices.  Nothing  was 


4G8 


APPENDIX  TO   CHAPTER   X. 


[BK.  IV. 


omitted  to  defeat  it  in  the  Senate,  and  when 
ratified  by  that  body,  it  was  attacked  by  every 
coffee-house  politician  of  the  party,  before  it 
was  published,  by  all  their  presses,  and  by  the 
resolutions  of  all  the  clubs.  When  made  public, 
the  most  unheard  of  means  were  used  to  over 
whelm  it  with  general  odium,  to  raise  an  univer 
sal  cry  against  it,  and  deter  the  president  from 
giving  it  his  sanction.  In  every  town,  mobs  were 
assembled,  under  the  more  respectable  name  of 
town  meetings;  those  of  a  different  opinion  were 
silenced  by  clamor,  intimidated  by  threats,  or 
actually  driven  away  by  violence;  and  all  oppo 
sition  or  discussion  being  thus  prevented,  these 
assemblages  of  ignorant  and  illiterate  men  were 
prevailed  upon  to  vote  by  acclamation  for  resolu 
tions  which  they  were  incapable  of  understanding, 
and  could  not  even  hear. 

Thus  the  appearance  of  a  formidable  popular 
rising  in  various  parts  of  the  continent,  was  ex 
hibited,  and  the  phrenzy  caught.  It  spread  wider 
and  wider,  and  aided  by  various  auxiliary  pas 
sions,  drew  into  its  vortex  great  masses  of  the 
best  citizens.  The  country  again  seemed  on  the 
point  of  rushing  down  the  precipice ;  but  fortu 
nately  its  guardian  genius  yet  presided  over  its 
affairs.  The  president  of  the  United  States  again 
placed  himself  in  the  breach,  and  received  on  his 
buckler  all  the  strokes,  aimed  at  the  happiness  of 
his  country.  He  spoke  to  the  people,  they  heard 
the  voice  of  their  father,  they  listened  and  became 
calm.  He  ratified  the  treaty  ;  and  the  people 
said,  "  It  is  done,  and  must  it  not  be  supported  ? 
lie  has  done  it,  and  is  it  not  right?"  They  lis 
tened  and  were  appeased,  they  read  and  were 
convinced,  they  discovered  their  first  errors,  ac 
knowledged  and  renounced  them. 

But  not  so  the  party,  whose  object  was  war 
against  England  at  all  events.  They  saw  in  this 
treaty  the  death  of  their  hopes,  the  final  frustra 
tion  of  all  their  projects;  for  this  treaty  took 
away  all  cause  of  quarrel  between  the  two  coun 
tries  ;  and  they  resolved  to  make  one  grand  effort 
for  its  destruction,  which  being  accomplished,  all 
ihe  ancient  disputes  would  be  reinstated  with  new 
aggravation ;  and  a  rupture  would  be  rendered 
by  so  much  the  more  certain,  as  there  could  be 
no  faith  in  any  new  accommodation.  To  this 
object  they  bent  their  whole  force,  and  this  House 
was  the  place  chosen  for  the  attack.  When  the 


treaty  came  before  this  House  to  be  carried  into 
effect,  doctrines,  new  to  the  Constitution  and  in 
compatible  with  its  existence,  were  introduced,  in 
order  to  destroy  it.  The  treaty-making  power  was 
attempted  to  be  rendered  subject  to  the  control 
of  this  House;  as  the  power  of  appointing  foreign 
ministers  is  now  attempted  to  be  rendered  sub 
ject.  The  treaty  was  attacked  through  the  sides 
of  the  Constitution ;  a  war  was  sought  by  the 
overthrow  of  our  government,  and  the  violation 
of  our  plighted  faith.  But  a  firm  resistance  was 
given  to  these  attempts.  Enlightened  discussions 
spead  the  truth  before  the  eyes  of  the  people. 
Warned  by  the  errors  into  which  they  had  before 
been  drawn,  and  roused  by  the  magnitude  of  the 
danger,  they  rose  in  their  might,  and  the  party 
was  dismayed  ;  they  spoke,  and  it  trembled  ;  they 
put  forth  their  hand  and  touched  it,  and  it  sunk 
to  the  earth. 

Thus  again,  Mr.  Chairman,  were  the  projects  of 
these  gentlemen  confounded.  Thus  again  were  they 
prevented  from  effecting  their  purpose,  so  much 
desired,  of  driving  this  country  into  war  with  Eng 
land  and  into  the  fraternal  embraces  of  France. 

The  remaining  history  is  known.  The  French, 
under  pretexts  so  frivolous,  that  not  one  gentle 
man  on  this  floor  has  been  found  hardy  enough  to 
defend  them,  have  quarrelled  with  us  on  account 
of  this  treaty ;  because,  by  terminating  our  dif 
ferences  with  England,  it  cuts  off  all  hopes  of  our 
being  drawn  into  war  against  her.  In  this  quar 
rel,  France  proceeded,  avowedly,  on  the  ground 
of  our  being  a  divided  people,  opposed  to  our 
government,  and  attached  to  her,  repels  all  our 
amicable  advances,  meets  them  with  new  injuries, 
and  declares,  that  before  she  will  listen  to  us,  we 
must  tread  back  all  our  steps,  reverse  our  whole 
system  of  policy,  break  our  treaty  with  England, 
and  admit  her  own  construction  of  her  treaty 
with  us.  In  this  critical  and  alarming  situation 
of  affairs,  the  same  description  of  persons,  the 
same  individuals  even,  who  so  perseveringly  at 
tempted  to  bring  us  into  a  war  against  England, 
according  to  the  views  of  France,  who  have  so 
uniformly  and  with  so  much  zeal  supported  all 
the  pretensions  of  France,  now  come  forward  and 
make  a  direct  attack  on  the  executive,  the  ten 
dency  of  which  necessarily  is,  to  divide  it  from 
this  House,  when  there  is  the  utmost  need  of 
union,  and  withdraw  from  it  the  confidence  of  the 


Cii.  X.] 


LIVINGSTON'S  SPEECH   ON  THE  ALIEN   BILL 


439 


people,  when  that  confidence  is  more  than  ever 
essential.  What  is  this  but  a  continuation  of  the 
same  system1?  And  are  we  to  be  blamed  for 
seeing,  in  this  attempt,  a  new  effort  to  throw  this 
country  into  the  arms  of  France,  by  rendering 
the  government  unable  to  resist  her;  by  forcing 
it,  from  weakness,  to  submit  to  her  mandates;  to 
break,  in  obedience  to  them,  its  treaty  with  Eng 
land,  and  substitute,  in  its  place,  an  alliance, 
offensive  and  defensive,  with  her? 

If  this  be  not  the  object  of  gentlemen  ;  if  it  be 
not  their  intention  thus  to  serve  their  country,  by 
reducing  it  to  the  situation  of  Holland,  how  are 
we  to  reconcile  their  present  with  their  former 
conduct;  their  eagerness  for  hostile  measures  for 
merly,  with  their  tame,  submissive  spirit  now; 
their  zealous  opposition  to  every  thing  like  nego 
tiation  formerly,  with  their  equally  zealous  oppo 
sition  to  every  thing  like  resistance  now  ?  If  this 
be  not  their  system,  then  all  that  I  can  say  about 
their  present  measures,  contrasted  with  those  pur 
sued  by  them  on  a  former  occasion,  about  their 
former  eagerness  for  alliance  with  one  foreign  na 
tion,  and  war  with  another,  contrasted  with  their 
present  declamations  against  all  sorts  of  foreign  con 
nections  or  intercourse,  is  to  exclaim,  in  the  eloquent 
language  of  the  gentleman  from  Pennsylvania,  that 
those  measures  form  the  last  leaf  of  that  book, 
wherein  are  written  the  inconsistencies  of  party. 

Whether  this  system  of  war  and  alliance,  this 
system  of  fraternity  with  France,  such  as  the 
Dutch  now  enjoy,  and  hostility  under  her  orders 
against  all  her  enemies  ;  this  system,  so  steadily 
pursued,  but  so  often  defeated,  shall  now  at 
length  begin  to  triumph,  I  consider  as  the  ques 
tion  now  to  be  decided.  It  is  now  to  be  decided, 
whether  an  important  step  shall  be  taken  towards 
compelling  our  government,  through  debility,  to 
submit  implicitly  to  France,  towards  laying  this 
country,  bound  hand  and  foot,  at  the  feet  of  that 
haughty,  domineering  nation.  To  take  this  step, 
to  commence  the  triumph  of  the  fraternal  system, 
1  trke  to  be  the  object,  as  I  know  it  to  be  the  ten 
dency  of  the  inroad  on  the  executive  power  at 
tempted  by  this  amendment.  Hence  it  is  that 
[  oppose  it  with  the  warmest  zeal,  and  with  ail 
my  might ;  and  if  my  opposition  shall  contribute, 
in  the  smallest  degree,  to  its  defeat,  I  shall  neither 
regret  the  time  I  have  occupied,  nor  apologize  for 
the  trouble  I  have  given  to  the  committee. 


IL  LIVINGSTON'S  SPEECH  ON  THE  ALIEN  BILL 
HAVING  shown  that  this  bill  is  at  war  with 
the  fundamental  principles  of  our  government,  1 
might  stop  here  in  the  certain  hope  of  its  re 
jection.  But  I  can  do  more;  unless  we  are 
resolved  to  pervert  the  meaning  of  terms,  I  can 
show,  that  the  Constitution  has  endeavored  to 
"  make  its  surety  doubly  sure,  and  take  a  bond 
of  fate,"  by  several  express  prohibitions  of  meas 
ures  like  the  one  you  now  contemplate.  One 
of  these  is  contained  in  the  ninth  section  of  the 
first  article  ;  it  is  at  the  head  of  the  articles  which 
restrict  the  powers  of  Congress,  and  declares, 
"that  the  emigration  or  importation  of  such  per 
sons  as  any  of  the  states  shall  think  proper  to 
admit,  shall  not  be  prohibited  prior  to  the  year 
1808."  Now,  sir,  where  is  the  difference  between 
a  power  to  prevent  the  arrival  of  aliens  and  a 
power  to  send  them  away  as  soon  as  they  arrive? 
To  me  they  appear  precisely  the  same.  The 
Constitution  expressly  says,  that  Congress  shall 
not  do  this ;  and  yet  Congress  are  about  to  dele 
gate  this  prohibited  power,  and  say  the  president 
may  exercise  it,  as  his  pleasure  may  direct. 

Judiciary  po\ver.  is  taken  from  courts,  and 
given  to  the  executive;  the  previous  safeguard  of 
a  presentment  by  a  grand  inquest,  is  removed  ; 
the  trial  by  jury  is  abolished  ;  the  "  public  trial," 
required  by  the  Constitution,  is  changed  into  a 
secret  and  worse  than  inquisitorial  tribunal.  In 
stead  of  giving  "information  on  the  nature  and 
cause  of  the  accusation,"  the  criminal,  alike  igno 
rant  of  his  offence,  and  the  danger  to  which  he  is 
exposed,  never  hears  of  either,  until  the  judgment 
is  passed  and  the  sentence  is  executed.  Instead 
of  being  "confronted  with  his  accusers,"  he  is 
kept  alike  ignorant  of  their  names  and  their  ex 
istence  ;  and  the  forms  of  a  trial  being  dispensed 
with,  it  would  be  a  mockery  to  talk  of  "  process 
for  witness,"  or  the  "  assistance  of  counsel  for  de 
fence."  Thus  are  all  the  barriers,  which  the  wis 
dom  and  humanity  of  our  country  has  placed 
between  accused  innocence  and  oppressive  power, 
at  once  forced  and  broken  down.  Not  a  vestige 
even  of  their  form  remains.  No  indictments, 
no  jury,  no  trial,  no  public  procedure,  no  state 
ment  of  the  accusation,  no  examination  of  the 
witnesses  in  its  support,  no  counsel  for  defence : 
all  is  darkness,  silence,  mystery  and  suspicion. 
But,  as  if  this  were  not  enough,  the  unfortunate 


440                                             APPENDIX   TC 

)   CHAPTER  X.                                     [BK.  IV 

victims  of  this  law  are  told,  in  the  next  section, 

invite  strangers  to  come  amongst  us  ;  we  declare 

that,  if  they  can  convince  the  president  that  his 

solemnly  that  government  shall  not  prevent  them  ; 

suspicions  are  unfounded,  he  may,  if  he  pleases, 

we  entice  them  over  by  the  delusive  prospects  of 

give  them  a  license  to  stay.     But  how  can  they 

advantage  ;  in  many  parts  of  the  Union  we  permit 

remove  his  suspicions,  when  they  know  not  on 

them  to  hold  lands,  and  give  them  other  advan 

what  act  they  were  founded  ?     How  take  proof 

tages  while  they  are  waiting    for  the  period  at 

to  convince  him,  when  he  is  not  bound  to  furnish 

which  we  have  promised  them  a  full  participation 

that  on  which  he  proceeds  1     Miserable  mockery 

of  all  our  rights.     An  unfortunate  stranger,  dis 

of  justice  !     Appoint  an  arbitrary  judge,  armed 

gusted  with  tyranny  at  home,  thinks  he  shall  find 

with  legislative  and  executive  powers  added  to 

freedom  here;  he  accepts  our  conditions;  he  puts 

his  own  !     Let  him  condemn  the  unheard,  the 

faith   in  our  promises  ;   he  vests  his  all  in  our 

unaccused  object  of  his  suspicions,  and  then,  to 

hands  ;  he  has  dissolved  his  former  connections 

cover  the  injustice  of  the  scene,  gravely  tell  him, 

and  made  your  country  his  own  :   but  while  he 

you  ought  not  to  complain,  you  need  only  dis 

is  patiently  waiting  the  expiration  of  the  period 

prove  facts  you  have  never  heard,  remove  sus 

that  is  to  crown  the  work,  entitle  him  to  all  the 

picions  that  have  never  been  communicated  to 

rights  of  a  citizen  —  the  tale  of  a  domestic  spy,  or 

you  ;   it  will  be  easy   to  convince  your  judge, 

the  calumny  of  a  secret  enemy,  draws  on  him  the 

whom  you  shall  not  approach,  that  he  is  tyranni 

suspicions  of  the  president,  and  unheard,  he  is 

cal  and  unjust,  and  when  you  have  done  this,  we 

ordered  to  quit  the  spot  he  has  selected  for  his 

give  him  the  power  he  had  before,  to  pardon  you 

retreat,  the  country  which  he  had  chosen  for  his 

if  he  pleases  ! 

own,  perhaps  the  family  which  was  his  only  con 

So  obviously  do  the  constitutional  objections 

solation  in  life,  he  is  ordered  to  retire  to  a  country 

present  themselves,  that  their  existence  cannot 

whose  government,  irritated  by  his  denunciation 

be  denied,  and  two  wretched  subterfuges  are  re 

of  its  authority,  will  receive  only  to  punish  him 

sorted  to,  to  remove  them  out  of  sight.     In  the 

—  and  all  this,  we  are  told  is  no  punishment  ! 

first  place,  it  is  said,  the  bill  does  not  contemplate 

So  manifest  do  these  violations  of  the  Constitu 

the  punishment  of  any  crime,  and  therefore  the 

tion  appear  to  me,  so  futile  the  arguments  in  their 

provisions  in  the  Constitution,  relative  to  criminal 

defence,  that  they  press  seriously  on  my  mind 

proceedings  arid  judiciary  powers,  do  not  apply. 

and  sink  it  even  to  despondency.     They  are  so 

But  have  the  gentlemen,  who  reason  thus,  read 

glaring  to  my  understanding,  that  I  have  felt  it 

1 

the  bill,  or  is  every  thing  forgotten,  in  our  zealous 

my  duty  to  speak  of  them  in  a  manner,  that  may 

hurry  to  pass  it1?     What  are  the  offences  upon 

perhaps  give  offence  to  men  whom  I  esteem,  and 

which  it  is  to  operate  ]     Not  only  the  offence  of 

who  seem  to   think  differently  on  this  subject  ; 

being  "  suspected  of  being  dangerous  to  the  peace 

none,  however,  I   can  assure  them,  is  intended. 

and  safety  of  the  United  States,"  but  also  that  of 

I  have  seen  measures  carried  in  this  House,  which 

being  "concerned   in  any  treasonable   or  secret 

I  thought  militated  against  the  spirit  of  the  Con 

machinations  against  the  government  thereof"  — 

stitution  ;  but  never  before  have  I  been  witness 

and  this,  we  are  told,  is  no  crime.     A  treasonable 

to  so  open,  so  wanton,  so  undisguised  an  attack. 

( 

machination  against  the  government  is  not  the 

I  have  now  done,  sir,  with  the  bill,  and  come 

subject  of  criminal  jurisprudence  !    Good  heaven  ! 

to   consider  the  consequences   of  its  operation. 

to  what  absurdities  does  not  an  overzealous  at 

One  of  the   most  serious  has  been  anticipated, 

tachment  to  particular  measures  lead   us  !      In 

when  I  described  the  blow  it  would  give  to  the 

order  to  punish  a  particular  act,  we  are  forced  to 

Constitution  of  our  country.   Weshould  cautiously 

say  that  treason  is  no  crime,  and  plotting  against 

beware  of  the  nrst  act  of  violation  ;  habituated  to 

our  government  is  no  offence  !     And  to  support 

overleap  its  bounds,  we  become  familiarized  to  the 

this  fine  hypothesis,  we  are  obliged   to  plunge 

guilt,  and  disregard  the  danger  of  a  second  offence  ; 

deeper  into  absurdity,   and.  say,   that   the   acts 

until  proceeding  from  one  unauthorized  act  to  an 

spoken  of  in  the  bill  are  no  crimes,  and  therefore 

other,  we  at  length  throw  off  all  restraint  which 

1 

the  penalty  contained  in  it  is  not  a  punishment, 

our  Constitution  has  imposed  ;  and  very  soon  not 

! 

but   merely  a   prevention;    that   is  to  say,  we 

even  the  semblance  of  its  form  will  remain. 

Cn.  X.] 


LIVINGSTON'S  SPEECH   ON   THE  ALIEN  BILL. 


441 


But  if,  regardless  of  our  duty  as  citizens,  and 
our  solemn  obligations  as  representatives ;  regard 
less  of  the  rights  of  our  constituents  ;  regardless 
of  every  sanction,  human  and  divine,  we  are  ready 
to  violate  the  Constitution  we  have  sworn  to 
defend — will  the  people  submit  to  our  unauthor 
ized  acts — will  the  states  sanction  our  usurped 
power?  Sir,  they  ought  not  to  submit — they 
would  deserve  the  chains  which  these  measures 
are  forging  for  them,  if  they  did  not  resist.  For 
let  no  man  vainly  imagine,  that  the  evil  is  to  stop 
here;  that  a  few  unprotected  aliens  only  are  to  be 
affected  by  this  inquisitorial  power.  The  same 
arguments  which  enforce  those  provisions  against 
aliens,  apply  with  equal  strength  to  enacting  them 
in  the  case  of  citizens.  The  citizen  has  no  other 
protection  for  his  personal  security,  that  I  know, 
against  laws  like  this,  than  the  humane  provisions 
I  have  cited  from  the  Constitution.  But  all  these 
apply  in  common  to  the  citizen  and  the  stranger: 
all  crimes  are  to  be  tried  by  jury :  no  person 
shall  be  held  to  answer  unless  on  presentment: 
in  all  criminal  prosecutions,  the  accused  is  to  have 
a  public  trial  ;  the  accused  is  to  be  informed  of 
the  nature  of  the  charge;  to  be  confronted  with 
the  witnesses  against  him  ;  may  have  process  to 
enforce  the  appearance  of  those  in  his  favor,  and 
is  to  be  allowed  counsel  in  his  defence.  Unless, 
therefore,  we  can  believe  that  treasonable  machi 
nations  and  the  other  offences  described  in  the  bill, 
are  not  crimes,  that  an  alien  is  not  a  person,  and 
that  one  charged  with  treasonable  practices  is  not 
accused — unless  we  can  believe  all  this  in  contra 
diction  to  our  understanding,  to  received  opinions 
and  the  uniform  practice  of  our  courts,  we  must 
allow  that  all  these  provisions  extend  equally  to 
alien  and  native,  and  that  the  citizen  has  no  other 
security  for  his  personal  safety  than  is  extended 
to  the  stranger  who  is  within  his  gates.  If,  there 
fore,  this  security  is  violated  in  one  instance, 
what  pledge  have  we  that  it  will  not  be  in  the 
other]  The  same  plea  of  necessity  will  justify 
Loth.  Either  the  offences  described  in  the  act 
are  crimes  or  they  are  not.  If  they  are;  then  all 
the  humane  provisions  of  the  Constitution  forbid 
this  mode  of  punishing,  or  preventing  them, 
equally  as  relates  to  aliens  and  citizens.  If  they 
are  not  crimes,  the  citizen  has  no  more  safety  by 
the  Constitution  than  the  alien  ;  for  a-11  these  pro 
visions  apply  only  to  crimes.  So  that  in  either 


event,  the  citizen  has  the  same  reason  to  expect 
a  similar  law  to  the  one  now  before  you,  which 
will  subject  his  person  to  the  uncontrolled  des 
potism  of  a  single  man.  You  have  already  been 
told  of  plots  and  conspiracies  ;  and  all  the  fright 
ful  images,  that  are  necessary  to  keep  up  the 
present  system  of  terror  and  alarm,  have  been 
presented  to  you ;  but  who  are  implicated  by 
these  dark  hints — these  mysterious  allusions? 
They  are  our  own  citizens,  sir,  not  aliens.  If 
there  is  any  necessity  for  the  system  now  pro 
posed,  it  is  more  necessary  to  be  enforced  against 
our  own  citizens  than  against  strangers ;  and  I 
have  no  doubt,  that  either  in  this  or  some  other 
shape,  this  will  be  attempted.  I  now  ask,  sir, 
whether  the  people  of  America  are  prepared  for 
this  ?  Whether  they  are  willing  to  part  with  all 
the  means  which  the  wisdom  of  their  ancestors 
discovered  ;  and  their  own  caution  so  lately 
adopted  to  secure  their  own  persons  ?  Whether 
they  are  willing  to  submit  to  imprisonment,  or 
exile,  whenever  suspicion,  calumny,  or  vengeance 
shall  mark  them  for  ruin  ?  Are  they  base  enough 
to  be  prepared  for  this  ?  No,  sir,  they  will,  I  re 
peat  it,  they  will  resist  this  tyrannical  system ; 
the  people  will  oppose,  the  states  will  not  submit 
to  its  operations ;  they  ought  not  to  acquiesce, 
and  I  pray  to  God  they  never  may.  • 

My  opinions,  sir,  on  this  subject,  are  explicit, 
and  I  wish  they  may  be  known  ;  they  are,  that 
whenever  our  laws  manifestly  infringe  the  Consti 
tution  under  which  they  were  made,  the  people 
ought  not  to  hesitate  which  they  should  obey  :  if 
we  exceed  our  powers,  we  become  tyrants,  and 
our  acts  have  no  effect.  Thus,  sir,  one  of  the  first 
effects  of  measures  such  as  this,  if  they  be  ac 
quiesced  in,  will  be  disaffection  among  the  states, 
and  opposition  among  the  people  to  your  govern 
ment  ;  tumults,  violations,  and  a  recurrence  to  first 
revolutionary  principles  :  if  they  are  submitted 
to,  the  consequences  will  be  worse.  After  such 
manifest  violation  of  the  principles  of  our  Consti 
tution,  the  form  will  not  long  be  sacred ;  presently 
every  vestige  of  it  will  be  lost  and  swallowed  up 
in  the  gulf  of  despotism.  But  should  the  evil 
proceed  no  farther  than  the  execution  of  the  pres 
ent  law,  what  a  fearful  picture  will  our  country 
present!  The  system  of  espionage  thus  estab 
lished,  the  country  will  swarm  with  information 
spies,  delators,  and  all  that  odious  tribe,  that  breed 


442 


APPENDIX  TO   CHAPTER  X. 


[BK.  IV. 


hi  the  sunshine  of  despotic  power,  that  suck  the 
blood  of  the  unfortunate,  that  creep  into  the 
bosom  of  sleeping  innocence  only  to  awaken  it 
with  a  burning  wound.  The  hours  of  the  most 
unsuspecting  confidence  ;  the  intimacies  of  friend 
ship,  or  the  recesses  of  domestic  retirement,  afford 
no  security  :  the  companion  whom  you  must  trust, 
the  friend  in  whom  you  must  confide,  the  domestic 
who  waits  in  your  chamber,  are  all  tempted  to 
betray  your  imprudence  or  guardless  follies,  to 
misrepresent  your  words,  to  convey  them,  dis 
torted  by  calumny,  to  the  secret  tribunal  where 
jealousy  presides,  where  fear  officiates  as  accuser, 
where  suspicion  is  the  only  evidence  that  is  heard. 
These,  bad  as  they  are,  are  not  the  only  ill  con 
sequences  of  these  measures.  Among  them  we 
may  reckon  the  loss  of  wealth,  of  population,  and 
of  commerce.  Gentlemen  who  support  the  bill 
seemed  to  be  aware  of  this  when,  yesterday,  they 
introduced  a  clause  to  secure  the  property  of 
those  who  might  be  ordered  to  go  off.  They 
should  have  foreseen  the  consequences  of  the 
steps  which  they  have  been  taking :  it  is  now  too 
late  to  discover  that  large  sums  are  drawn  from 
the  banks,  that  a  great  capital  is  taken  from  com 
merce.  It  is  ridiculous  to  observe  the  solicitude 
they  show  to  retain  the  wealth  of  these  dangerous 
men,  whose  persons  they  are  so  eager  to  get  rid 
of.  If  they  wish  to  retain  it,  it  must  be  by  giving 
them  security  to  their  persons,  and  assuring  them 
that  while  they  respect  the  laws,  the  laws  will 
protect  them  from  arbitrary  powers ;  it  must  be, 
in  short,  by  rejecting  the  bill  on  your  table.  I 
might  mention  other  inferior  considerations :  but 
[  ought,  sir,  rather  to  entreat  the  pardon  of  the 
House  for  having  touched  on  this.  Compared  to 
the  breach  of  our  Constitution,  and  the  establish 
ment  of  arbitrary  power,  every  other  topic  is 
trifling ;  arguments  of  convenience  sink  into  no 
thing  ;  the  preservation  of  wealth,  the  increase  of 
commerce,  however  weighty  on  other  occasions, 
here  lose  their  importance  when  the  fundamental 
principles  of  freedom  are  in  danger.  I  am 
tempted  to  borrow  the  impressive  language  of  a 
foreign  speaker,  and  exclaim — "  Perish  our  com 


merce,  let  our  Constitution  live!"  perish  our  riches, 
let  our  freedom  live !  This,  sir,  would  be  the 
sentiment  of  every  American,  were  the  alterna 
tive  between  submission  and  wealth:  but  here, 
sir,  it  is  proposed  to  destroy  our  wealth  in  order 
to  ruin  our  commerce :  not  in  order  to  preserve 
our  Constitution,  but  to  break  it :  not  to  secure 
our  freedom  but  to  abandon  it. 

I  have  now  done,  sir,  but  before  I  sit  down, 
let  me  entreat  gentlemen  seriously  to  reflect,  be 
fore  they  pronounce  the  decisive  vote  that  gives 
the  first  open  stab  to  the  principles  of  our  gov 
ernment.  Our  mistaken  zeal,  like  the  patriarch 
of  old,  has  bound  one  victim;  it  lies  at  the  foot 
of  the  altar ;  a  sacrifice  of  the  first-born  offspring 
of  freedom  is  proposed  by  those  who  gave  it  birth. 
The  hand  is  already  raised  to  strike,  and  nothing, 
I  fear,  but  the  voice  of  heaven,  can  arrest  the 
impious  blow. 

Let  not  gentlemen  flatter  themselves,  that  the 
fervor  of  the  moment  can  make  the  people  insen 
sible  to  these  aggressions.  It  is  an  honest,  noble 
warmth,  produced  by  an  indignant  sense  of  injury. 
It  will  never,  I  trust,  be  extinct  while  there  is  a 
proper  cause  to  excite  it.  But  the  people  of 
America,  sir,  though  watchful  against  foreign 
aggressions,  are  not  careless  of  domestic  en 
croachment;  they  are  as  jealous,  sir,  of  their 
liberties  at  home,  as  of  the  power  and  prosperity 
of  their  country  abroad ;  they  will  awake  to  a 
sense  of  their  danger.  Do  not  let  us  flatter  our 
selves,  then,  that  these  measures  will  be  unob 
served  or  disregarded  :  do  not  let  us  be  told,  sir, 
that  we  excite  a  fervor  against  foreign  aggressions 
only  to  establish  tyranny  at  home  ;  that,  like  the 
arch  traitor,  we  cry  "  Hail  Columbia,"  at  the 
moment  we  are  betraying  her  to  destruction ; 
that  we  sing  out  "  happy  land,"  when  we  are 
plunging  it  in  ruin  and  disgrace;  and  that  we 
are  absurd  enough  to  call  ourselves  "free  and  en 
lightened,"  while  we  advocate  principles  that 
would  have  disgraced  the  age  of  Gothic  barbar 
ity,  and  establish  a  code,  compared  to  which  the 
ordeal  is  wise,  and  the  trial  by  battel  is  merciful 
and  just. 


Cii.  XL] 


ACTIVITY   OF   PARTIES. 


443 


CHAPTER    XI. 

1798-1799. 

EVENTS      OF     THE      YEARS      1798     AND      1799. 

Activity  of  parties  —  Jefferson's  and  Madison's  plans  —  The  Kentucky  and  Virginia  Resolutions  —  Jefferson  prepared 
tlie  Kentucky  Resolutions  — The  doctrine  of  nullification  asserted  —  The  Resolutions  in  full  —  John  Quiney  Adams's 
statements-*— The  Virginia  Resolutions  —  Jefferson  went  further  than  Madison  —  Congress  in  session — The  open 
ing  speech  and  answers  of  the  two  Houses —  Washington's  embarrassments  as  to  appointing  officers  in  the  army 
—  Washington's  activity  and  zeal  —  Acts  of  Congress  —  Pickering's  review  of  the  correspondence  and  dispatches 
relative  to  the  French  mission  —  Skill  and  bravery  of  the  officers  and  men  in  the  navy — Truxtun's  victory  — 
Financial  matters  —  State  of  public  affairs  —  The  president's  course  —  Probable  causes  of  this  course  —  Nomina 
tion  of  a  third  embassy  to  France  —  Vans  Murray's  name  sent  to  the  Senate  —  Condemned  by  the  party  in  very 
strong  terms  —  Jefferson's  remarks  —  Two  others  joined  with  Murray — The  departure  of  the  envoys  to  France 
delayed  —  Adams's  letter  quoted  —  Fatal  result  to  the  federal  party  —  Fries's  insurrection  — The  case  of  Robbing 
or  Nash  —  Debate  in  Congress — Intercourse  with  St.  Domingo  —  Treaty  with  Prussia  —  Proceedings  in  the 
Kentucky  legislature —  Its  unanimous  resolve  —  Madison's  report  in  the  Virginia  legislature —  Concluding  reso 
lution  —  The  sixth  Congress  —  The  president's  opening  speech  —  The  session  begun  —  Interrupted  by  the  sudden 
death  of  Washington.  APPENDIX  TO  CHAPTER  XI.  Mr.  Madison's  Letter  to  Edward  Everett,  on  the  subject  of 
Nullification. 


DURING  the  recess  of  Congress,  both 
the  federalists  and  the  republicans  were 
actively  engaged  in  measures  for  sup 
porting  or  attacking  the  administration. 
Under  the  guidance  of  Jefferson  and 
Madison,  the  republicans  prepared  for 
vigorous  assaults  upon  those  unpopular 
enactments,  the  alien  and  sedition  laws. 
Petitions  for  their  repeal  were  busily 
circulated,  and  the  few  individuals 
against  whom  the  sedition  law  was 
brought  to  bear,  were  elevated  to  the 
rank  of  martyrs.  The  excise 
and  stamp  acts;  standing  armies 
and  navies ;  defalcations  of  public  of 
ficers  ;  and  the  like ;  were  topics  afford 
ing  abundant  points  of  attack,  and  they 
were  used  with  great  force  and  effect. 
On  the  other  hand,  the  federalists  were 
anxiously  scanning  the  indications  of 
the  political  horizon,  and  though  labor- 


ing  at  a  disadvantage,  in  consequence 
of  dissensions  among  themselves,  were 
not  without  hope  of  maintaining  their 
ascendancy  in  the  management  of  pub 
lic  affairs. 

On  a  previous  page  (p.  428)  we  have 
alluded  to  the  policy  favored  by  that 
astute  politician,  Thomas  Jefferson,  in 
the  then  condition  of  things.  It  will 
be  worth  while  to  look  at  it  a  little 
more  closely,  since  it  involves  questions 
which  never  have  been,  and  probably 
never  will  be,  settled  so  completely  as 
to  put  an  end  to  dispute.  How  far, 
and  in  what  precise  sense,  each  state  in 
the  Union  is  sovereign  and  independ 
ent,  has  always  been  a  matter  whereon 
statesmen  have  differed;  and  to  this 
day  it  remains  an  open  question,  in  the 
minds  of  some,  whether  or  not  a  state 
may  not  go  to  the  length  of  nullifying 


444 


EVENTS   OF  THE  YEARS   1798  AND    1799. 


[BK.  IV. 


acts  of  the  general  government  which 
may  not  suit  its  views  or  purposes,  and 
fall  back  upon  its  original  sovereignty 
as  it  existed  previous  to  the  adoption 
of  the  Federal  Constitution.  Both  Jef 
ferson  and  Madison,  as  we  have  stated 
above,  deemed  the  alien  and  sedition 
acts  violations  of  the  Constitution,  and 
they  determined  to  bring  to  bear  upon 
the  question  at  issue  the  power  and  in 
fluence  of  the  state  legislatures.  This 
led  to  the  preparation  of  the  well 
known  Kentucky  and  Virginia  Resolu 
tions,  which  deserve  the  attentive  con 
sideration  of  the  student  of  history, 
both  on  account  of  the  persons  who 
prepared  them,  the  circumstances  under 
which  they  were  prepared,  and  the 
doctrines  which  they  set  forth. 

Although  it  was  kept  profoundly 
secret  at  the  time,  and  very  wisely  too 
for  Mr.  Jefferson's  interests,  yet  we  now 
know  that  he  himself  penned  the  reso 
lutions  which  were  introduced  by  Mr. 
Breckenrido;e  into  the  legislature  of 

o  o 

Kentucky,  on  the  10th  of  November, 
1798,  and  were  unanimously  adopted. 
As  these  resolutions  distinctly  assert 
and  defend  the  doctrine  of  nullification, 
we  deem  them  of  sufficient  importance 
to  be  quoted  in  full  upon  our  pages. 

1.  Hesolved,  That  the  several  states 
composing  the  United  States  of  Amer 
ica,  are  not  united  on  the  principle  of 
unlimited  submission  to  the 
general  government,  but  that 
by  compact  under  the  style  and  title  of 
a  Constitution  for  the  United  States, 
and  of  amendments  thereto,  they  con 
stituted  a  general  government  for  spe 
cial  purposes,  delegated  to  that  govern 
ment  certain  definite  powers,  reserving, 


1798. 


each  state  to  itself,  the  residuary  mass 
of  right  to  their  own  self-government ; 
and  that  whensoever  the  general  gov 
ernment  assumes  undelegated  powers, 
its  acts  are  unauthoritative,  void,  and  of 
no  force ;  that  to  this  compact  each  state 
acceded  as  a  state,  and  as  an  integral 
party,  its  co-states  forming  as  to  itself 
the  other  party ;  that  the  government 
created  by  this  compact  was  not  made 
the  exclusive  or  final  judge  of  the  ex 
tent  of  the  powers  delegated  to  itself: 
— since  that  would  have  made  its  dis 
cretion,  and  not  the  Constitution,  the 
measure  of  its  powers ;  but  that,  as  in 
all  other  cases  of  compact  among  parties 
having  no  common  judge,  each  party 
has  an  equal  right  to  judge  for  itself, 
as  well  of  infractions,  as  of  the  mode 
and  measure  of  redress. 

2.  Resol/ved,  That  the  Constitution 
of  the  United  States  having  delegated 
to  Congress  the  power  to  punish  trea 
son,  counterfeiting  the  securities  and 

O 

current  coin  of  the  United  States, 
piracies  and  felonies  committed  on  the 
high  seas,  and  offences  against  the  laws 
of  nations,  and  no  other  crimes  what 
ever,  and  it  being  true  as  a  general 
principle,  and  one  of  the  amendments 
to  the  Constitution  having  also  de 
clared,  "That  the  powers  not  delegated 
to  the  United  States  by  the  Constitu 
tion,  nor  prohibited  by  it  to  the  states, 
are  reserved  to  the  states  respectively, 
or  to  the  people ;"  therefore,  also  the 
same  act  of  Congress,  passed  on  the 
14th  day  of  July,  1798,  and  entitled, 
"  An  act  in  addition  to  the  act  entitled 
an  act  for  the  punishment  of  certain 
crimes  against  the  United  States ;"  as 
also  the  act  passed  by  them  on  the 


Cn.  XL] 


THE   KENTUCKY   RESOLUTIONS. 


445 


27th  day  of  June,  1798,  entitled  "An 
act  to  punish  frauds  committed  on  the 
Bank  of  the  United  States,"  (and  all 
other  of  their  acts  which  assume  to 
create,  define,  or  punish  crimes  other 
than  those  enumerated  in  the  Consti 
tution,)  are  altogether  void,  and  of  no 
force,  and  that  the  power  to  create, 
define,  and  punish  such  other  crimes,  is 
reserved,  and  of  right  appertains  solely 
and  exclusively,  to  the  respective  states, 
each  within  its  own  territory. 

3.  Resolved,  That  it  is  true  as  a  gen 
eral  principle,  as  is  also  expressly  de 
clared  by  one  of  the  amendments  to 
the  Constitution,  that  "  The  powers  not 
delegated  to  the  United  States  by  the 
Constitution,  nor  prohibited  by  it  to 
the  states,  are  reserved  to  the  states 
respectively,  or  to  the  people ;"  and 
that  no  power  over  the  freedom  of 
religion,  freedom  of  speech,  or  freedom 
of  the  press,  being  delegated  to  the 
United  States  by  the  Constitution,  nor 
prohibited  by  it  to  the  states,  all  law 
ful  powers  respecting  the  same,  did  of 
right  remain,  and  were  reserved  to  the 
states,  or  to  the  people ;  that  thus  was 
manifested  their  determination  to  re 
tain  to  themselves  the  right  of  judging 
how  far  the  licentiousness  of  speech  and 
of  the  press  may  be  abridged  without 
lessening  their  useful  freedom,  and  how 
far  those  abuses  which  cannot  be  sepa 
rated  from  their  use,  should  be  toler 
ated  rather  than  the  use  be  destroyed ; 
and  thus,  also,  they  guarded  against 
all  abridgement  by  the  United  States 
of  the  freedom  of  religious  opinions 
and  exercises,  and  retained  to  them 
selves  the  right  of  protecting  the  same, 
as  this  state,  by  a  law  passed  on  the 

VOL.  II.— 56 


general  demand  of  its  citizens,  had  al 
ready  protected  them  from  all  human 
restraints  or  interference :  and  that,  in 
addition  to  this  general  principle  and 
express  declaration,  another  and  more 
special  provision  has  been  made  by  one 
of  the  amendments  to  the  Constitution, 
which  expressly  declares  that  "  Con 
gress  shall  make  no  law  respecting  an 
establishment  of  religion,  or  prohibit 
ing  the  free  exercise  thereof,  or  abridg 
ing  the  freedom  of  speech  or  of  the 
press,"  thereby  guarding  in  the  same 
sentence,  and  under  the  same  words, 
the  freedom  of  religion,  of  speech,  and 
of  the  press,  insomuch,  that  whatever 
violates  either,  throws  down  the  sanc 
tuary  which  covers  the  others,  and 
that  libels,  falsehoods,  and  defamation, 
equally  with  heresy  and  false  religion, 
are  withheld  from  the  cognizance  of 
federal  tribunals:  that  therefore  the 
act  of  the  Congress  of  the  United 
States,  passed  on  the  14th  day  of  July, 
1798,  entitled,  "An  act  in  addition  to 
the  act  for  the  punishment  of  certain 
crimes  against  the  United  States,"  which 
does  abridge  the  freedom  of  the  press, 
is  not  law,  but  is  altogether  void,  and 
of  no  effect. 

4.  Resoloed,  That  alien  friends  are 
under  the  jurisdiction  and  protection 
of  the  laws  of  the  state  wherein  they 
are ;  that  no  power  over  them  has  been 
delegated  to  the  United  States,  nor 
prohibited  to  the  individual  states  dis 
tinct  from  their  power  over  citizens; 
and  it  being  true  as  a  general  principle, 
and  one  of  the  amendments  to  the  Con 
stitution  having  also  declared,  that 
"the  powers  not  delegated  to  the 
United  States  by  the  Constitution,  nor 


446 


EVENTS   OF   THE   YEAKS    1708   AND    1799. 


[BK.IV. 


prohibited  by  it  to  the  states,  are  re 
served  to  the  states  respectively,  or 
to  the  people,"  the  act  of  the  Congress 
of  the  United  States,  passed  on  the  22d 
day  of  June,  1798,  entitled  "  an  act  con 
cerning  aliens,"  which  assumes  power 
over  alien  friends  not  delegated  by  the 
Constitution,  is  not  law,  but  is  alto 
gether  void  and  of  no  force. 

5.  lie-solved^  That  in  addition  to  the 
general  principle,  as  well  as  the  express 
declaration,  that  powers  not  delegated 
are  reserved,  another  and  more  special 
provision    inserted    in    the    Constitu 
tion,  from   abundant   caution,  has  de 
clared,  "that  the  migration  or  impor 
tation  of  such  persons  as  any  of  the 
states  now  existing  shall  think  proper 
to  admit,  shall  not  be  prohibited  by 
the  Congress  prior  to  the  year  1808." 
That  this  commonwealth  does   admit 
the  migration  of  alien  friends  described 
as  the  subject  of  the  said  act  concern 
ing  aliens,  that  a  provision  against  pro 
hibiting  their  migration,  is  a  provision 
against  all  acts  equivalent  thereto,  or 
it  would  be  nugatory ;  that  to  remove 
them  when  migrated,  is  equivalent  to 
a  prohibition  of  their  migration,  and  is 
therefore  contrary  to  the  said  provision 
of  the  Constitution,  and  void. 

6.  Re-solved,  That  the  imprisonment 
of  a  person  under  the  protection  of  the 
laws  of  this  commonwealth,  on  his  fail 
ure  to  obey  the  simple  order  of  the 
president,  to  depart  out  of  the  United 
States,  as  is  undertaken  by  the  said 
act,  entitled  "  an  act  concerning  aliens," 
is  contrary  to  the   Constitution ;    one 
amendment  to  which  has  provided  that 
"  no  person  shall  be  deprived  of  liberty 
without  due  process  of  law,"  and  that 


another  having  provided,  "that  in  all 
criminal  prosecutions,  the  accused  shall 
enjoy  the  right  to  a  public  trial  by  an 
impartial  jury,  to  be  informed  of  the 
nature  and  cause  of  the  accusation,  to  be 
confronted  with  the  witnesses  against 

O 

him,  to  have  compulsory  process  for 
obtaining  witnesses  in  his  favor,  and  to 
have  the  assistance  of  counsel  for  his 
defence,"  the  same  act  undertaking  to 
authorize  the  president  to  remove  a 
person  out  of  the  United  States  who  is 
under  the  protection  of  the  law,  on  his 
own  suspicion,  without  accusation,  with 
out  jury,  without  public  trial,  without 
confrontation  of  the  witnesses  against 
him,  without  having  witnesses  in  his 

7  O 

favor,  without  defence,  without  coun 
sel,  is  contrary  to  these  provisions  also 
of  the  Constitution,  is  therefore  not 
law,  but  utterly  void  and  of  no  force. 
That  transferring  the  power  of  judg 
ing  any  person  who  is  under  the  pro 
tection  of  the  laws,  from  the  courts  to 
the  president  of  the  United  States,  as 
is  undertaken  by  the  same  acts  con 
cerning  aliens,  is  against  the  article  of 
the  Constitution  which  provides  that 
"the  judicial  power  of  the  United 
States  shall  be  vested  in  courts,  the 
judges  of  which  shall  hold  their  offices 
during  good  behavior,"  and  that  the 
said  act  is  void  for  that  reason  also; 
and  it  is  further  to  be  noted  that  this 
transfer  of  judiciary  power  is  to  that 
magistrate  of  the  general  government 
who  already  possesses  all  the  executive, 
and  a  qualified  negative  in  all  the  legis 
lative  powers. 

7.  Resolved,  That  the  construction 
applied  by  the  general  government 
(as  is  evinced  by  sundry  of  their  pro- 


CH.  XL] 


THE   KENTUCKY  RESOLUTIONS. 


ceedings)  to  those  parts  of  the  Consti 
tution  of  the  United  States  which  dele 
gate  to  Congress  a  power  to  lay  and 
collect  taxes,  duties,  imposts,  and  ex 
cises  ;  to  pay  the  debts,  and  provide 
for  the  common  defence  and  general 
welfare  of  the  United  States ;  and  to 
make  all  laws  which  shall  be  necessary 
and  proper  for  carrying  into  execution 
the  powers  vested  by  the  Constitution 
in  the  government  of  the  United  States, 
or  any  department  thereof,  goes  to  the 
destruction  of  all  the  limits  prescribed 
to  their  power  by  the  Constitution 
—that  words  meant  by  that  instru 
ment  to  be  subsidiary  only  to  the  exe 
cution  of  the  limited  powers,  ought 
not  to  be  so  construed  as  themselves 
to  give  unlimited  powers,  nor  a  part 
so  to  be  taken  as  to  destroy  the  whole 
residue  of  the  instrument ;  that  the 
proceedings  of  the  general  government 
under  color  of  these  articles  will  be  a 
fit  and  necessary  subject  for  revisal  and 
correction  at  a  time  of  greater  tran 
quillity,  while  those  specified  in  the 
preceding  resolutions  call  for  imme 
diate  redress. 

8.  Resolved,  That  the  preceding  res 
olutions  be  transmitted  to  the  Senators 
and  Representatives  in  Congress  from 
this  commonwealth,  who  are  hereby 
enjoined  to  present  the  same  to  their 
respective  Houses,  and  to  use  their  best 
endeavors  to  procure,  at  the  next  ses 
sion  of  Congress,  a  repeal  of  the  afore 
said  unconstitutional  and  obnoxious  acts. 

0.  Resolved,  lastly,  That  the  governor 
of  this  commonwealth  be,  and  he  is 
hereby,  authorized  and  requested  to 
communicate  the  preceding  resolutions 
to  the  legislatures  of  the  several  states, 


to  assure  them  that  this  commonwealth 
considers  union  for  specified  national 
purposes,  and  particularly  for  those 
specified  in  their  late  federal  compact, 
to  be  friendly  to  the  peace,  happi 
ness,  and  prosperity,  of  all  the  states : 
that,  faithful  to  that  compact,  accord 
ing  to  the  plain  intent  and  mean 
ing  in  which  it  was  understood  and 
acceded  to  by  the  several  parties,  it  is 
sincerely  anxious  for  its  preservation ; 
that  it  does  also  believe  that  to  take 
from  the  states  all  the  powers  of  self- 
government,  and  transfer  them  to  a 
general  and  consolidated  government, 
without  regard  to  the  special  delega 
tions  and  reservations  solemnly  agreed 
to  in  that  compact,  is  not  for  the  peace, 
happiness,  or  prosperity  of  these  states : 
and  that,  therefore,  this  commonwealth 
is  determined,  as  it  doubts  not  its  co- 
states  are,  tamely  to  submit  to  un- 
delegated  and  consequently  unlimited 
powers  in  no  man  or  body  of  men  on 
earth :  that  if  the  acts  before  specified 
should  stand,  these  conclusions  would 
flow  from  them  ;  that  the  general  gov 
ernment  may  place  any  act  they  think 
proper  on  the  list  of  crimes,  and  punish 
it  themselves,  whether  enumerated  or 
not  enumerated  by  the  Constitution,  as 
recognizable  by  them ;  that  they  may 
transfer  its  cognizance  to  the  president, 
or  any  other  person,  who  may  himself 
be  the  accuser,  counsel,  judge,  and  jury; 
whose  suspicions  may  be  the  evidence, 
his  order  the  sentence,  his  officer  the 
executioner,  and  his  breast  the  sole 
record  of  the  transaction  :  that  a  very 
numerous  and  valuable  description  of 
the  inhabitants  of  these  states,  being 
by  this  precedent  reduced  as  outlaws 


448 


EVENTS   OF  THE  YEARS   1798  AND   1799. 


[UK. 


to  the  absolute  dominion  of  one  man, 
and  the  barrier  of  the  Constitution  thus 
swept  away  from  us  all,  no  rampart 
now  remains  against  the  passions  and 
the  power  of  a  majority  of  Congress,  to 
protect  from  a  like  exportation  or  other 
more  grievous  punishment,  the  minor 
ity  of  the  same  body,  the  legislatures, 
judges,  governors,  and  counsellors  of 
the  states,  nor  their  other  peaceful  in 
habitants  who  may  venture  to  reclaim 
the  constitutional  rights  and  liberties 
of  the  states  and  people,  or  who,  for 
other  causes,  good  or  bad,  may  be  ob 
noxious  to  the  views,  or  marked  by 
the  suspicions  of  the  president,  or  be 
thought  dangerous  to  his  or  their  elec 
tions,  or  other  interests,  public  or  per 
sonal:  that  the  friendless  alien  has 
indeed  been  selected  as  the  safest  sub 
ject  of  a  first  experiment ;  but  the 
citizen  will  soon  follow,  or  rather  has 
already  followed ;  for  already  has  a 
sedition  act  marked  him  as  its  prey : 
that  these  and  successive  acts  of  the 
same  character,  unless  arrested  on  the 
threshold,  may  tend  to  drive  these 
states  into  revolution  and  blood,  and 
will  furnish  new  calumnies  against  re 
publican  governments,  and  new  pre 
texts  for  those  who  wish  it  to  be  be 
lieved  that  man  cannot  be  governed 
but  by  a  rod  of  iron ;  that  it  would  be 
a  dangerous  delusion,  were  a  confidence 
in  the  men  of  our  choice  to  silence  our 
fears  for  the  safety  of  our  rights ;  that 
confidence  is  everywhere  the  parent  of 
despotism:  that  free  government  is 
founded  in  jealousy  and  not  in  confi 
dence  :  it  is  jealousy,  not  confidence, 
which  prescribes  limited  constitutions 
to  bind  down  those  whom  we  are 


obliged  to  trust  with  power;  that  our 
Constitution  has  accordingly  fixed  the 
limits  to  which,  and  no  further,  our 
confidence  may  go ;  and  let  the  honest 
advocate  of  confidence  read  the  alien 
and  sedition  acts,  and  say  if  the  Con 
stitution  has  not  been  wise  in  fixing 
limits  to  the  government  it  created, 
and  whether  we  should  be  wise  in 
destroying  those  limits  ?  Let  him  say 
what  the  government  is,  if  it  be  not  a 
tyranny,  which  the  men  of  our  choice 
have  conferred  on  the  president,  and 
the  president  of  our  choice  has  assented 
to,  and  accepted  over  the  friendly 
strangers  to  whom  the  mild  spirit  of 
our  country  and  its  law  had  pledged 
hospitality  and  protection:  that  the 
men  of  our  choice  have  more  respected 
the  bare  suspicions  of  the  president  than 
the  solid  rights  of  innocence,  the  claims 
of  justification,  the  sacred  force  of  truth, 
and  the  forms  and  substance  of  law  and 
justice.  In  questions  of  power,  then, 
let  no  more  be  heard  of  confidence  in 
man,  but  bind  him  down  from  mischief, 
by  the  chains  of  the  Constitution.  That 
this  commonwealth  does,  therefore,  call 
on  its  co-states  for  an  expression  of  their 
sentiments  on  the  acts  concerning  aliens, 
and  for  the  punishment  of  certain 
crimes  hereinbefore  specified,  plainly 
declaring  whether  these  acts  are  or  are 
not  authorized  by  the  federal  compact  ? 
And  it  doubts  not  that  their  sense  will 
be  so  announced,  as  to  prove  their  at 
tachment  unaltered  to  limited  govern 
ment,  whether  general  or  particular, 
and  that  the  rights  and  liberties  of 
their  co-states,  will  be  exposed  to  no 
dangers  by  remaining  embarked  on  a 
common  bottom  with  their  own :  that 


Cn.  XL] 


J.    Q.   ADAMS   ON   NULLIFICATION. 


449 


they  will  concur  with  this  common 
wealth  in  considering  the  said  acts  as 
so  palpably  against  the  Constitution,  as 
to  amount  to  an  undisguised  declara 
tion,  that  the  compact  is  not  meant  to 
be  the  measure  of  the  powers  of  the 
general  government,  "but  that  it  will 
proceed  in  the  exercise  over  these 
states  of  all  powers  whatsoever:  that 
they  will  view  this  as  seizing  the  rights 
of  the  states,  and  consolidating  them  in 
the  hands  of  the  general  government, 
with  a  power  assumed  to  bind  the 
states,  not  merely  in  cases  made  federal, 
but  in  all  cases  whatsoever,  by  laws 
made,  not  with  their  consent,  but  by 
others  against  their  consent :  that  this 
would  be  to  surrender  the  form  of  gov 
ernment  we  have  chosen,  and  to  live 
under  one  deriving  its  powers  from  its 
own  will,  and  not  from  our  authority : 
and  that  the  co-states  recurrinc;  to  their 

O 

natural  right  in  cases  not  made  federal, 
will  concur  in  declaring  these  acts  void 
and  of  no  force,  and  will  each  unite 
with  this  commonwealth  in  requesting 
their  repeal  at  the  next  session  of  Con 
gress. 

John  Quincy  Adams — himself  a 
statesman  of  no  mean  eminence — calls 
attention  to  the  keen,  constant  and 
profound  faculty  of  observation  pos 
sessed  by  Mr.  Jefferson  with  regard  to 
the  action  and  reaction  of  popular 
opinion  upon  the  measures  of  govern 
ment  ;  and  noticing  how  sagaciously 
the  vice-president  availed  himself  of 
present  opportunity  to  further  his  per 
sonal  advancement,  he  points  out  clearly 
wherein  Jefferson  went  quite  beyond 
Madison  in  asserting  and  advocating 

o  o 

the    doctrines   of  nullification.      "As 


suming  as  first  principles,  that,  by  the 
Constitution  of  the  United  States,  Con 
gress  possessed  no  authority  to  restrain 
in  any  manner  the  freedom  of  the 
press,  not  even  in  self-defence  against 
the  most  incendiary  defamation;  and 
that  the  principles  of  the  English  com 
mon  law  were  of  no  force  under  the 
government  of  the  United  States,  he 
drafted,  with  his  own  hand,  resolutions 
which  were  adopted  by  the  legislature 
of  Kentucky,  declaring  that  each  state 
had  the  right  to  judge  for  itself,  as  well 
of  infractions  of  the  common  Constitu 
tion,  by  the  general  government,  as  of 
the  modes  and  measures  of  redress ; 
that  the  alien  and  sedition  laws  were, 
in  their  opinion,  manifest  and  palpable 
violations  of  the  Constitution,  .and 
therefore  null  and  void ;  and  that  a 
nullification  by  the  state  sovereignties  of 
all  unauthorized  acts  done  under  color 
of  the  Constitution,  is  the  rightful 
remedy  for  such  infractions. 

"The  principles  thus  assumed,"  as 
Mr.  Adams  goes  on  to  say,  "  and  par 
ticularly  that  of  remedial  nullification 
by  state  authority,  have  been  more 
than  once  reasserted  by  parties  pre 
dominating  in  one  or  more  of  the  con 
federated  states,  dissatisfied  with  par 
ticular  acts  of  the  general  government. 
They  have  twice  brought  the  Union 
itself  to  the  verge  of  dissolution.  To 
that  result  it  must  come,  should  it  ever 
be  the  misfortune  of  the  American 
people  that  these  principles  should  ob 
tain  the  support  of  a  sufficient  portion 
of  them,  to  make  them  effective  by 
force.  They  never  have  yet  been  so 
supported.  The  alien  and  sedition 
acts  were  temporary  statutes,  and  ex- 


450 


EVENTS   OF  THE   YEARS   1798   AND    1799. 


[Brv.  IV. 


pired  by  their  own  limitations.  No 
attempt  has  been  made  to  revive  them ; 
but  in  our  most  recent  times,  restric 
tions  upon  the  freedom  of  the  press,  of 
speech,  and  of  personal  liberty,  far 
more  vigorous  than  the  alien  and  sedi- 

O 

tion  laws,  have  not  only  been  deemed 
within  the  constitutional  power  of  Con 
gress,  but  even  recommended  by  the 
chief  magistrate  of  the  Union,  to  en 
counter  the  dangers  and  evils  of  incen 
diary  publications." 

After  remarking  upon  the  influence 
which  Jefferson  always  exerted  over 
Madison,  and  their  general  agreement 
in  views  of  the  policy  of  the  federal 
administration,  Mr.  Adams  further  says; 
"Mr.  Madison,  at  the  earnest  solicita 
tion  of  Mr.  Jefferson,  caused  to  be  in 
troduced  into  the  legislature  of  Virginia 
the  resolutions  adopted  on  the  21st  of 
December,  1798,  declaring, — 1.  That 
the  Constitution  of  the  United  States 
was  a  compact,  to  which  the  states 
were  parties,  granting  limited  powers 
of  government.  2.  That  in  case  of 
a  deliberate,  palpable,  and  dangerous 
exercise  of  other  powers,  not  granted 
by  the  compact,  the  states  had  the 
right,  and  were  in  duty  bound  to  inter 
pose,  for  arresting  the  progress  of  the 
evils,  and  for  maintaining  within  their 
respective  limits  the  authorities,  rights, 
and  liberties  appertaining  to  them.  3. 
That  the  alien  and  sedition  acts  were 
palpable  and  alarming  infractions  of 
the  Constitution.  4.  That  the  state 
of  Virginia,  having  by  its  convention 
which  ratified  the  Federal  Constitution, 
expressly  declared  that  among  other 
essential  rights,  the  liberty  of  conscience 
and  of  the  press  cannot  be  cancelled, 


abridged,  restrained,  or  modified,  by 
any  authority  of  the  United  States,  and 
from  its  extreme  anxiety  to  guard  these 
rights  from  every  possible  attack  of 
sophistry  and  ambition,  having  with  the 
other  states  recommended  an  amend 
ment  for  that  purpose,  which  amend 
ment  was  in  due  time  annexed  to  the 
Constitution,  it  would  mark  a  reproach 
ful  inconsistency,  and  criminal  degen 
eracy,  if  an  indifference  were  now  shown 
to  the  most  palpable  violation  of  one 
of  the  rights  thus  declared  and  secured, 
and  to  the  establishment  of  a  precedent 
which  might  be  fatal  to  the  others.  5. 
That  the  state  of  Virginia  declared  the 
alien  and  sedition  laws  UNCONSTITU 
TIONAL;  and  solemnly  appealed  to  the 
like  dispositions  in  the  other  states,  in 
confidence  that  they  would  concur  with 
her  in  that  declaration,  and  that  the 
necessary  and  proper  measures  would 
be  taken  by  each  for  co-operating  with 
her  in  maintaining  unimpaired  the  au 
thorities,  rights,  and  liberties  reserved 
to  the  states  respectively,  or  to  the 
people.  6.  That  the  governor  should 
be  desired  to  transmit  a  copy  of  these 
resolutions  to  the  executive  authority 
of  each  of  the  other  states,  with  a  re 
quest  that  they  should  be  communi 
cated  to  the  respective  state  legisla 
tures,  and  that  a  copy  should  be 
furnished  to  each  of  the  Senators  and 
Representatives  of  Virginia  in  Con 
gress."* 

The  reader  will  observe,  that  Mr. 
Jefferson  wished  to  go  much  further 
than  the  Virginia  Resolutions  con 
templated.  He  desired  that  the 

*  "Life  of  James  Madison,"  pp.  05-69. 


CH.  XL] 


THE  PRESIDENT'S  SPEECH  TO   CONGRESS. 


451 


1798. 


state  legislatures  should  not  only  de 
clare  the  alien  and  sedition  laws  abso 
lutely  null  and  void,  but  that  they 
should  nidke  them  so,  by  resisting  for 
cibly  their  execution,  and,  if  need  be, 
by  seceding  from  the  Union.  Mr. 
Madison  was  not  prepared  for  any  such 
extreme  step,  and  at  a  later  period  of 
his  life  he  repudiated  explicitly  the 
doctrines  of  those  who  believe  in  the 
right  and  power  of  a  state  to  nullify 
the  acts  of  the  general  government.* 
Further  on  we  shall  recur  to  this  sub 
ject  again. 

The  third  session  of  the  fifth  Con 
gress,  which  should  have  commenced 
on  the  3d  of  December,  was  delayed 
till  the  8th  by  the  scanty  attendance 
of  members  of  the  Senate.  The 
president's  speech  opened  with 
a  reference  to  the  epidemic  by  which 
Philadelphia  and  other  places  had  re 
cently  so  terribly  suffered ;  and  a  sug 
gestion  that  Congress  should  undertake 
to  "frame  a  system"  of  quarantine. 
And  it  pointed  with  pride  to  the  spirit 
which  had  been  displayed  in  support 
of  the  administration,  against  the  over 
bearing  insolence  of  France,  as  calling 
for  an  addition  to  the  "annual  obla 
tions  of  gratitude." 

Most  of  the  speech  was  devoted  to 
an  exposition  of  the  relations  existing 
between  the  United  States  and  France. 
The  president  in  preparing  the  speech, 
had  followed  the  advice  of  his  cabinet, 
except  in  one  particular,  which  deserves 


*  For  Mr.  Madison's  Letter  to  the  Hon.  Edward 
Everett  on  the  subject  of  nullification,  and  the  pro- 
ce3dings  in  the  Virginia  legislature,  see  Appendix  at 
the  eiu1  of  the  present  chapter. 


to  be  noted  here.  The  members  of  the 
cabinet,  and  the  federal  party  general 
ly,  held,  that  after  the  gross  insults  of 
France,  the  sending  another  minister 
would  be  an  act  of  humiliation  to  which 
the  United  States  could  not  submit, 
leaving  it  to  that  country  to  make  the 
first  overtures  for  restoring  peace  and 
harmony.  Mr.  Adams,  however,  was 
unwilling  to  adopt  language  so  strong  as 
this,  and  he  modified  it,  so  as  to  require 
"  more  determinate  assurances  that  an 
other  minister  would  be  received,"  thus 
affording  him  the  opportunity,  if  he 
saw  fit,  to  institute  a  new  mission  to 
France.  The  effect  of  the  president's 
determination  will  be  seen  presently. 

The  posture  of  affairs  in  relation  to 
Spain  and  Great  Britain,  and  the  .ad 
justment  of  the  boundary  and  other 
unsettled  questions,  were  also  spoken 
of.  Slight  allusion  was  made  to  the 

O 

delay  in  the  organization  of  the  army ; 
the  Representatives  were  informed  re 
specting  the  progress  of  "  the  valuations 
and  returns  directed  by  the  act  of 
the  last  session,  preliminary  to  the  as 
sessment  and  collection  of  a  direct 
tax ;"  and  were  counselled  to  revise  the 
system  of  collecting  the  revenue  then 
in  force.  The  speech  concluded  with 
"inculcating  the  essential  importance 
of  uniting  in  the  maintenance  of  their 
dearest  interests,"  "  that  by  the  temper 
and  wisdom  of  their  proceedings,  and 
by  a  harmony  of  measures"  they,  with 
him,  "might  secure  to  their  country 
that  weight  and  respect  to  which  it 
was  so  justly  entitled." 

The  answers  of  the  House  and  of  the 
Senate  were  in  accordance  with  the  tone 
of  the  president's  speech,  and  were 


452 


EVENTS   OF  THE  YEARS   1798  AND   1799. 


[BK.  IV. 


adopted  without  opposition.  The  lat 
ter  reprobated  severely  the  course  pur 
sued  by  the  Directory,  in  making  use  of 
"individuals  without  public  character 
or  authority"  as  the  medium  of  negotia 
tion,  instead  of  "the  constitutional  and 
authorized  agents  of  the  government/'* 
Mr.  Adams  replied,  that  he  had  "seen 
no  real  evidence  of  any  change  of  sys 
tem  or  disposition  in  the  French  re 
public  towards  the  United  States." 
This  was  on  the  12th  of  December. 

Washington,  as  we  have  previously 
stated,  (p.  427)  accepted,  with  consider 
able  hesitation,  the  post  of  Commander- 
in-chief  of  the  army.  It  became  im 
mediately  a  matter  of  embarrassment 
as  to  what  course  ought  to  be  pursued 
in  appointing  the  officers  of  the  higher 
grade.  "  Some  of  those  who  had  served 
in  the  Revolution,  were  prominent  can 
didates  for  appointments  in  the  new 
army.  It  became  a  question,  whether 
their  former  rank  should  be  taken  into 
account.  If  this  were  decided  in  the 
affirmative,  it  would  deprive  the  army 
of  the  services  of  men,  whose  talents, 
activity,  and  influence  were  of  the 
greatest  moment,  but  who  would  not 
accept  subordinate  places.  It  was  the 


*  Dr.  Logan  was  here  referred  to.  This  individual 
had  undertaken  a  mission  to  France  on  his  own  ac 
count,  after  the  failure  of  negotiations  and  the  return 
of  Mr.  Gerry  to  the  United  States.  Mr.  Jefferson 
gave  him  a  certificate  of  his  citizenship  and  charac 
ter,  and  when  in  Paris  he  saw  Talleyrand,  and  volun 
teered  his  services  as  a  self-constituted  negotiator. 
On  Logan's  return  to  the  United  States,  he  ventured 
to  call  upon  Washington  to  relate  to  him  what  he 
had  heen  about ;  and  afterwards  lie  saw  the  presi 
dent,  who  received  him  much  more  graciously  than 
Washington  had  done.  This  affair  made  more  noise 
at  the  time  than  it  deserved. 


179§. 


opinion  of  Washington,  that  since 
the  old  army  had  long  been  disbanded, 
and  a  new  one  was  now  to  be 
formed  upon  different  princi 
ples,  and  for  a  different  object,  no  regard 
ought  to  be  paid  to  former  rank,  but 
that  the  best  men  should  be  selected, 
and  so  arranged  as  most  effectually  to 
promote  the  public  good.  This  opinion 
prevailed."* 

Washington  had  stipulated,  "that 
the  general  officers  and  general  staff  of 
the  army  should  not  be  appointed 
without  his  concurrence."  He  accord 
ingly  named  Alexander  Hamilton  as  in 
spector-general,  and  second  in  command, 
with  Charles  Cotesworth  Pinckney 
and  Henry  Knox  as  major-generals. 
Adams,  who  particularly  disliked  Ham 
ilton,  and  was  very  suspicious  of  his 
designs  and  purposes,  especially  if 
placed  in  any  position  of  power  and 
influence,  was  not  at  all  pleased  with 
this  arrangement ;  but  he  unwillingly 
acquiesced.  General  Knox  was  dis 
satisfied  with  the  rank  assigned  him, 
and  refused  to  serve ;  General  Pinck 
ney,  on  the  other  hand,  accepted  the 
post  offered  hiin.f 

During  the  months  of  November 
and  December,  Washington  was  at 
Philadelphia,  where  he  was  busily  oc- 


*  Sparks's  "  Life  of  Washington,'1'1  p.  485. 

t  Mr.Gibhs  (vol.  i'u,  pp.  86-104)  enters  into  details 
respecting  this  matter  of  the  appointment  of  officers, 
etc.  Mr.  C.  F.  Adams,  on  the  other  hand,  (vol.,  i.  pp. 
520-34)  presents  an  elaborate  review  of  the  plans 
and  purposes  of  Hamilton  and  the  members  of  the 
cabinet.  The  reader  will  do  well  to  compare  the 
passages  referred  to  from  Mr.  Gibbs  and  Mr.  Adams. 
The  latter  we  believe  to  be  somewhat  unjust  toward8 
Hamilton. 


CH.  XI.] 


MILITARY   PREPARATIONS. 


453 


1798. 


cupied  with  Hamilton  and  Pinckney  in 
concerting  arrangements  for  raising 
and  organizing  the  army.  From 
this  time  to  the  end  of  his  life, 
a  great  part  of  his  time  was  bestowed 
upon  military  amiirs.  "  His  corre 
spondence  with  the  secretary  of  war, 
the  major-generals,  and  other  officers," 
as  Mr.  Sparks  states,  "  was  unremitted 
and  very  full,  entering  into  details,  and 
communicating  instructions,  which  de 
rived  value  from  his  long  experience 
and  perfect  knowledge  of  the  subject. 
His  letters  during  this  period,  if  not 
the  most  interesting  to  many  readers, 
will  be  regarded  as  models  of  their 
kind,  and  as  affording  evidence  that 
the  vigor  and  fertility  of  his  mind  had 
not  decreased  with  declining  years." 
"  He  never  seriously  believed  that  the 
French  would  go  to  the  extremity  of 
invading  the  United  States.  But  it 
had  ahvays  been  a  maxim  with  him, 
that  a  timely  preparation  for  war  af 
forded  the  surest  means  for  preserving 
peace ;  and  on  this  occasion  he  acted 
with  as  much  promptitude  and  energy, 
as  if  the  invaders  had  been  actually 
on  the  coast.  His  opinion  proved  to 
be  correct,  and  his  prediction  was  veri 
fied."  For  the  French  government, 
when  it  was  found  that  the  people 
would  support  the  executive  in  resist 
ing  aggressions,  soon  manifested  a  dis 
position  to  draw  back  from  their  war 
like  attitude,  since  war  with  the  United 
States  was  the  last  thing  which  was 
really  desired. 

During  the  present  session,  laws  were 
passed  providing  for  the  better  organ 
ization  of  the   troops  of  the   United 
States,   authorizing  the   establishment 
VOL.  II.— 57 


of  docks,  the  purchase  of  timber,  and 
for  the  government  of  the  navy.  An 
attempt  was  made  to  expel  Matthew 
Lyon  when  his  term  of  imprisonment 
was  expired,  but  it  was  unsuccessful. 
On  the  other  side,  although  the  Vir 
ginia  and  Kentucky  Representatives 
flinched  from  presenting  the  nullifying 
resolutions  of  their  respective  legisla 
tures,  it  was  endeavored  to  obtain  a 
condemnation  of  the  alien  and  sedition 
laws,  by  a  side  attack,  which,  as  Mr. 
Jefferson  represents  the  matter,  failed, 
because  the  federalists  held  a  caucus, 
and  determined  not  to  revive  the  dis 
cussion  by  replying  to  Nicholas  and 
Gallatin;  who  were  in  consequence 
"  coughed  down,"  whilst  Livingston  was 
silenced  by  the  speaker.  The  vice- 
president  estimated  the  comparative 
strength  of  the  parties  in  the  House, 
this  session,  at  fifty-six  for  the  federal 
ists,  and  fifty  for  the  opposition,  "  but 
two  of  the  latter"  did  not  attend.  Out 
of  Congress,  this  unsuccessful  effort 
against  these  unpopular  laws  was  sup 
ported  by  public  petitioning ;  which, 
in  Philadelphia,  led  to  several  riots 
and  disturbances  of  the  peace. 

In  the  latter  part  of  January,  1Y99, 
the  secretary  of  state's  elaborate  report 
on  the  correspondence  and  dispatches 
relative  to  the  French  mission,  was  trans 
mitted  by  the  president  to  Congress. 
This  report  was  very  severe  upon  the 
course  pursued  by  Mr.  Gerry,  and 
pointed  out  in  very  plain  terms,  the 
duplicity  and  aggressions  of  France. 
One  paragraph  is  worth  quoting.  "  The 
sensation  which  these  details  irresistibly 
excite,  is  that  of  astonishment  at  the 
unparalleled  effrontery  of  M.  Talley- 


454 


EVENTS   OF  THE  YEARS   1798   AND   1799. 


[BK.  IV. 


1799. 


rand  in  demanding  of  Mr.  Gerry  the 
names  of  X.,  Y.,  and  Z. ;  after  Y.  had 
accompanied  him  on  a  visit  to  the  min 
ister,  with  whom  the  conversation  de 
tailed  in  the  printed  dispatches  then 
passed,  and  who  then  assured 
Mr.  Gerry,  'that  the  informa 
tion  M.  Y.  had  given  him  was  just,  and 
might  always  be  relied  on;'  after  Z. 
had  in  the  first  instance  introduced  Mr. 
Gerry  to  the  minister,  and  served  as 
their  mutual  interpreter,  and  when  the 
conversation  between  them  had  also 
been  stated  in  dispatches ;  and  after 
X.,  Y.,  and  Z.  had  all  dined  together 
with  Mr.  Gerry  at  M.  Talleyrand's 
table,  on  rising  from  which,  X.  and  Y. 
renewed  the  propositions  about  the 
MONEY  !  The  very  circumstances  of  M. 
Talleyrand  being  continued  in  office, 
after  the  account  of  these  intrigues  had 
been  published  to  the  world,  is  a  de 
cisive  proof  that  they  were  commenced 
and  carried  on  with  the  privity  and  by 
the  secret  orders  of  the  Directory.  It 
was  to  accomplish  the  object  of  these  in 
trigues,  that  the  American  envoys  were 
kept  at  Paris  unreceived,  six  months 
after  their  credentials  had  been  laid 
before  the  Directory;  and  it  was  only 
because  they  were  superior  to  these  in 
trigues,  and  that  no  hopes  remained 
of  wheedling  or  terrifying  them  into 
a  .compliance,  that  two  of  them  were 
then  sent  away,  and  with  marks  of  in 
sult  and  contempt."* 

Although  war  was  not  formally  de 
clared  against  France,  yet  resistance  to 


*  See  a  note,  containing  large  extracts  from  the  doc 
uments  on  this  subject,  in  Benton's  '•''Abridgement  of 
the  Debates  of  Congress,"  vol.  ii.,  pp.  389-98. 


the  attacks  of  French  cruisers  by  mer 
chant  vessels  was  authorized  by  statute ; 
and  reprisals,  and  recovery,  in  cases 
of  attempted  or  accomplished  capture. 
Privateers  were  also  sent  out  against 
them ;  and  there  were,  in  addition  to 
four  twenty-four,  three  twenty,  four 
eighteen  gun  sloops,  and  one  with  four 
teen  guns,  three  frigates,  the  United 
States,  commanded  by  Captain  Barry, 
the  Constitution,  under  Captain  Nich 
olson,  and  the  Constellation,  Captain 
Truxtun,  commissioned,  and  sent  out 
to  sea. 

Most  of  these  vessels  were  employed 
in  the  West  India  waters,  or  in  convoy 
ing  ships  between  the  islands  and  the 
United  States.  Eight  revenue  vessels, 
of  which  one  carried  ten,  two  twelve, 
and  the  rest  fourteen  guns,  cruised  im 
mediately  off  the  coast.  "The  sudden 
exhibition  of  so  many  cruisers  in  the 
West  Indies,  appears  to  have  surprised 
the  British,  as  well  as  the  common 
enemy,  and  while  the  men-of-war  of 
Great  Britain,  on  the  whole,  treated 
their  new  allies  with  sufficient  cordial 
ity,  instances  were  not  wanting  in  which 
a  worse  feeling  was  shown,  and  a  very 
questionable  policy  pursued  towards 
them.  The  most  flagrant  instance  of 
the  sort  that  took  place  occurred  in  the 
autumn  of  this  year,  1798,  off  the  port 
of  Havana,"  in  the  outrage  committed 
by  the  British  seventy-four,  the  Car- 
natick,  on  the  American  sloop-of-war 
Baltimore,  of  twenty  guns,  of  which 
Mr.  Cooper  gives  a  detailed  account, 
and  expresses  his  "deep  mortification 
that,  after  the  experience  of  the  con 
test  of  the  Revolution,  the  American 
character  should  have  fallen  so  low, 


CH.  XL] 


EARLY   NAVAL   VICTORIES. 


455 


1T99. 


that  an  officer  of  any  nation  might 
dare  to  commit  an  outrage  as  violent 
as  that  perpetrated  by  the  commander 
of  the  Carnatick.""*  During  the  year 
1799,  not  less  than  twenty-eight 
vessels  of  war,  ranging  from  the 
forty-four  gun  frigate  to  the  sloop  carry 
ing  but  twelve,  were  not  only  in  com 
mission,  but  actively  engaged ;  four 
separate  squadrons  being  employed  in 
the  West  Indies  alone. 

Our  limits  do  not  admit  of  details : 
we  can  only  give  a  few  examples  of  the 
skill  and  bravery  of  the  officers  and 
men  in  the  navy  of  that  day,  referring 
to  Mr.  Cooper's  valuable  volumes  for 
particulars.  Early  in  June,  1798,  the 
French  privateer  schooner,  Le  Croy- 
able,  was  captured  by  the  Delaware, 
and  was  the  first  vessel  ever  taken  by 
the  navy  since  its  organization  under 
the  federal  government.  She  was 
named  the  Retaliation,  was  placed  un 
der  command  of  Lieutenant  Bain- 
bridge,  and  towards  the  close  of  the 
year  was  recaptured  by  a  French  frig 
ate,  being  thus  the  first  cruiser  taken 
by  both  parties  in  the  war.  Bain- 
bridge,  by  a  confident  false  statement 
of  the  force  and  weight  of  metal  of 
the  Montexuma  and  the  Norfolk,  with 
whom  he  was  cruising  in  company  off 
Guadeloupe,  secured  them  from  pursuit, 
and  was  taken  to  Guaclalonpe 

1798. 

the  governor  of  which,  after  a 
vain  endeavor  to  induce  him  to  consent 
to  a  declaration,  on  the  part  of  the 
United  States,  that  his  island  should 
be  regarded  and  treated  as  neutral 
during  the  existing  state  of  things, 

*  Cooper's  '•'•Naval  History,"  vol.  i.,  pp.  157-63. 


sent  him  in  his  own  sloop  back  to 
America  as  a  cartel ;  and  he  received 
in  sign  of  the  approbation  of  the  ad 
ministration,  promotion  to  the  rank  of 
master-commandant,  and  the  command 
of  the  Norfolk,  one  of  the  vessels  he 
had  saved  from  the  overwhelming 
force  of  the  French  frigates. 

It  was  with  a  view  to  induce  Bain- 
bridge  to  commit  his  country  to  the 
declaration  of  the  neutrality  of  Guada- 
loupe,  that  the  governor  resorted  to 
acts  of  great  severity  towards  the 
American  prisoners.  This  being  re 
ported  by  Bainbridge,  an  act  was 
passed  for  retaliating  upon  French 
prisoners,  in  case  of  the  recurrence  of 
similar  outrages ;  an  act  which  caused 
bitter  party  disputes  and  recrimina 
tions. 

During  the  next  year,  ample  repris 
als  were  made,  for,  on  the  9th  of  Feb 
ruary,  as  the  Constellation,  Commodore 
Truxtun,  was  cruising  in  her  prescribed 
ground,  she  made  a  large  ship  in  the 
southern  board ;  and  being  to  wind 
ward,  ran  down  towards  the  stranger, 
who  at  first  showed  the  stars  and 
stripes,  but  shortly  afterwards  the  tri 
color,  and  then  fired  a  gun  to  wind 
ward,  by  way  of  challenge,  keeping 
under  every  sail  to  invite  a  contest. 
"When  the  Constellation  got 
abeam  of  the  French  frigate," 
says  Mr.  Cooper,* "  and  so  near  as  to 
have  been  several  times  hailed,  she 
opened  her  fire,  which  was  returned 
promptly  and  with  spirit.  The  Con 
stellation  drew  gradually  ahead,  both 
ships  maintaining  a  fierce  cannonade. 
The  former  suffered  most  in  her  sails 
and  rigging,  and  while  under  '  the 


1799. 


456 


EVENTS   OF   THE   YEARS    1798   AND    1799. 


[BK.  IV. 


heaviest  of  the  fire  of  her  antagonist, 
the  fore  top-mast  was  badly  wounded, 
quite  near  the  lower  cap.  The  foretop 
was  commanded  by  Mr.  David  Porter, 
a  midshipman  of  great  promise,  and, 
finding  that  his  hails  to  communicate 
this  important  circumstance  were  dis 
regarded,  in  the  heat  of  the  combat 
this  young  officer  took  on  himself  the 
responsibility  of  cutting  the  stoppers 
and  of  lowering  the  yard.  By  thus 
relieving  the  spar  of  the  pressure  of 
the  sail,  he  prevented  the  fall  of  the 
top-mast  and  all  its  hamper.  In  the 
mean  time  the  weight  and  effect  of  the 
fire  were  altogether  in  favor  of  the 
Constellation,  and  notwithstanding  that 
injury,  she  was  soon  able  to  throw  in 
two  or  three  raking  broadsides,  which 
decided  the  combat.  After  maintain 
ing  a  close  contest,  in  this  manner,  of 
about  an  hour,  the  Constellation  shot 
out  of  the  smoke,  wore  round,  and  haul 
ing  athwart  her  antagonist's  stern,  was 
ready  again  with  every  gun  to  rake  her, 
when  the  enemy  struck." 

She  proved  to  be  the  French  frigate 
L'Insurgente,  Captain  Barreault,  which 
captured  the  Retaliation,  and  was  one 
of  the  fastest  ships  in  the  world.  The 
Insurgente  was  much  cut  up,  having 
lost  twenty-nine  men  killed,  and  forty- 
one  wounded.  The  Constellation,  on 
the  other  hand,  though  she  was  a  good 
deal  damaged  aloft,  suffered  no  mate 
rial  injury  in  her  hull,  and  had  only 
three  men  wounded. 

Our  naval  historian  honorably  less 
ens  the  exultation  over  this  victory, 
by  comparing  the  superior  weight  of 
metal  of  the  Constellation's  guns  with 
that  of  its  antagonist's.  Yet  we  must 


remember  that  with  the  French  lay  the 
prestige  of  naval  triumphs ;  for,  except 
ing  the  privateering  successes  of  Paul 
Jones,  and  others,  against  the  British 
in  the  old  war,  America  had  nothing 
naval  to  boast,  not  even  the  possession 
of  a  fleet.  The  prize  was  secured ;  and, 
in  spite  of  an  attempt  made  by  the  crew, 
one  hundred  and  seventy-three  in  num 
ber,  to  rise  upon  the  men  and  officers, 
only  thirteen  in  all,  put  in  possession  of 
her,  she  was  carried  off.  Taken  into 
the  service  as  a  thirty-six,  and  put  un 
der  the  command  of  Captain  Murray, 
she  was  permitted  to  cruise,  with  a 
roving  commission. 

Notwithstanding  the  probabilities 
that  France  would  retreat  from  the 
contest  at  sea,  Congress,  during  the 
year,  bestowed  attention  upon  invig 
orating  and  improving  the  naval  ser 
vice,  and  new  regulations  were  intro 
duced  as  substitutes  for  such  of  the  old 
ones  as  were  found  defective. 

During  the  latter  part  of  February, 
the  select  committee  on  the  petitions 
for  a  repeal  of  the  alien  and  sedition 
laws  reported,  in  a  very  able  document, 
against  the  prayer  of  the  petitioners. 
Mr.  Benton  gives  a  good  abstract  of 
the  debates  upon  the  resolutions  intro 
duced  by  the  committee,  which  the 
student  will  do  well  to  consult.  The 
resolutions  were  carried  by  a  vote  of 
fifty-two  to  forty-eight.*  In  addition 
to  the  interest  on  the  public  debt,  and 
without  reckoning  $2,000,000  that  were 
contingent  upon  the  increase  of  the 
army,  $9,000,000  were  appropriated 

*  "  Abridgement  of  the  Delates  of  Congress"  vol. 
ii.,  pp.  373-85. 


Cn.  XI.] 


MR.   ADAMS'S  SENTIMENTS. 


457 


to  the  service  of  the  year.  To  meet 
which,  beside  the  established  sources 
of  revenue,  there  were  the  "  direct 
tax,"  and  another  loan  of  $5,000,000. 
A  new  expense  was  incurred  this  ses 
sion  by  the  increase  of  the  salaries  of 
most  of  the  officers  of  the  federal  gov 
ernment,  from  the  secretary  of  state 
downwards,  in  spite  of  the  strong  op 
position  made  to  this  increase.  It  may 
be  worth  noticing  here,  that  the  repub 
licans,  when  they  came  into  power,  did 
not  feel  called  upon  to  reduce  the  sal 
aries  back  to  their  former  rates.  On 
the  3d  of  March,  the  fifth  Congress 
closed  its  last  session. 

In  endeavoring  to  form  a  just  and 
candid  view  of  the  future  course  of  the 
president,  and  of  its  effect  upon  the 
position  and  fate  of  the  federal  party, 
then  in  power,  there  are  several  matters 
which  require  to  be  borne  in  mind. 
France,  at  war  with  England,  conscious 
of  insecurity  in  consequence,  lament 
ably  in  want  of  funds,  never  seriously 
purposed  to  go  to  war  with  the  United 
States.  All  that  she  wanted  she  ex 
pected  to  get  by  the  peculiar  line  of 
conduct  she  adopted  ;  letting  loose  a 
horde  of  pirates  against  the  commerce 
of  America ;  bullying  her  ambassadors 
in  the  hope  of  tribute ;  and  tampering 
with  the  factious  adherents  that  she 
was  able  to  claim  in  the  United  States. 
France  felt  not  the  least  concern  re 
specting  the  immorality  of  her  schemes ; 
her  foreign  minister,  with  his  maxim, 
that  the  use  of  language  is  to  conceal, 
not  reveal,  our  thoughts,  was  equal  to 
any  amount  or  species  of  diplomatic 
duplicity. 

It  is  also  to  be  noted,  that  our  country 


and  her  rulers  had  no  intention  what 
ever  of  allowing  their  gratitude  for  the 
services  of  France  to  involve  them  in  a 
sort  of  vassalage  to  that  earliest  ally ; 
and  that  they  dealt  straightforwardly 
with  those  piracies  and  insults.  The 
preparations  for  war  made  so  vigorously 
under  the  inspiration  of  Adams's  mes 
sages  and  speeches ;  the  refusal  to  grant 
loan  or  bestow  douceur  upon  the  Direc 
tory  ;  the  suspension  of  diplomatic  in 
tercourse  with  France ;  and  the  publica 
tion  of  the  dispatches  of  the  envoys; 
totally  disconcerted  Talleyrand's  plans ; 
and  had  the  policy  which  Hamilton 
and  others  advocated  as  the  only  right 
and  true  policy  with  regard  to  France, 
been  followed,  that  unscrupulous  poli 
tician  at  the  head  of  the  Directory 
would  have  been  compelled  to  pursue 
a  very  different  course  from  that  which 
was  opened  to  him  by  Mr.  Adams's 
overtures  for  a  fresh  negotiation. 

The  reader  will  recollect,  that  the 
president,  in  June  1798,  (see  p.  424,) 
had  said,  "  I  will  never  send  another 
minister  to  France,  without  assurances 
that  he  will  be  received,  respected,  and 
honored  as  the  representative  of  a 
great,  free,  powerful,  and  independent 
nation ;"  and  that,  although  he  was  un 
willing  to  use  the  positive  language 
advised  by  the  cabinet  in  respect  to 
further  negotiations,  he  still,  on  the 
12th  of  December  (see  p.  451)  declar 
ed,  that  he  had  "  seen  no  real  evidence 
of  any  change  of  system  or  disposition 
in  the  French  republic  towards  the 
United  States."  In  the  present  state 
of  the  public  mind,  deeply  outraged  by 
the  continued  and  gross  insults  and  in 
juries  which  the  profligate  government 


458 


EVENTS   OF   THE   YEARS    1798   AND    1799. 


[BK.  IV. 


of  France  heaped  upon  our  country  and 
her  commerce,  and  fully  roused  to  the 
point  of  firm,  united  resistance,  the  fed 
eralists,  as  a  body,  resolved  to  maintain 
the  dignified  attitude  which  had  been 
assumed,  and  to  insist  that  overtures 
should  be  made  by  France  for  an  ami 
cable  settlement  of  difficulties  and  dis 
putes  between  the  two  nations.  They 
thought  that  they  had  a  right  to  exact 
of  the  president  that  he  should  carry 
out  this  national  policy,  and  not  subject 
them  to  the  disgrace  and  ruin  which 
must  follow  from  a  change  in  the  course 
which  they  deemed  wisest  and  best  to 
pursue. 

Mr.  Adams,  who  appears  to  have 
been  restive  under  the  restrictions  of 
party  policy,  and  especially  sensitive 
as  to  the  interference  of  Hamilton 
with  any  matters  of  public  concern, 
revolved,  in  his  own  mind,  the  course 
which  he  should  pursue.  Under  the 
influence  of  Gerry,  to  a  considerable 
extent,  and  perhaps  not  without  ex 
pectations  of  conciliating  the 
republicans  with  reference  to 
a  second  election  to  the  presidential 
chair,  Mr.  Adams  suddenly  adopted  a 
measure  which  caused  consternation  in 
the  ranks  of  the  federalists,  and  clearly 
presaged  the  downfall  of  the  party  and 
the  rise  of  the  republicans  to  power. 
The  purity  of  his  motives,  and  the  sin 
cere  desire  to  promote  the  interests  of 
his  country,  we  do  not  question ;  but  it 
may  well  be  doubted,  whether  he  acted 
wisely  or  considerately  in  the  hasty 
steps  which  he  took  at  this  eventful 
period. 

Mr.  Adams's  grandson,  in  his  care 
fully  prepared  narrative  of  this  period 


1799. 


of  the  second  president's  career,  gives 
all  the  force  possible  to  the  reasons 
which  seemed  to  have  decided  Mr. 
Adams  to  adopt  the  plan  upon  which 
he  set  his  mind.  Mr.  Gibbs,  on  the 
other  hand,  is  very  severe  in  repre 
hending  what  he  considers  the  vacil 
lating  and  unworthy  course  of  the  pres 
ident  in  the  whole  matter.  Without 
entering  into  the  discussion  here,  it 
may  be  sufficient  to  state,  that  Mr. 
Adams  had,  at  best,  but  indirect  and 
uncertain  assurances  that  a  new  em 
bassy  wrould  be  any  better  received 
than  was  the  former  one.  Dr.  Logan's 
self-appointed  mission  we  have  alluded 
to  above ;  Joel  Barlow  also  wrote  a 
long  letter  to  Washington,  which  he 
sent  to  the  president,  conveying  state 
ments  which  undertook  to  show  that 
France  was  really  desirous  of  peace ; 
and  Mr.  Vans  Murray,  the  American 
minister  at  the  Hague,  received,  in 
October,  1798,  through  M.  Pichon, 
the  French  charge  d'affaires,  an  in 
formal  message  from  Talleyrand,  in 
these  words  of  the  arch-diplomatist's 
letter  to  Pichon, — "  You  were  right  to 
assert  that  whatever  plenipotentiary 
the  government  of  the  United  States 
might  send  to  France,  in  order  to  ter 
minate  the  existing  difference  between 
the  two  countries,  he  would  be  undoubt 
edly  received  with  the  respect  due  to 
the  representative  of  a  free,  independ 
ent,  and  powerful  nation."  These,  al 
though  manifesting  clearly  enough  that 
France  did  not  desire  or  mean  to  go  to 
war,  were  hardly  the  clear,  direct,  and 
full  assurances  that  the  president  had  a 
right  to  demand  before  determining 
upon  the  step  which  followed.  Never- 


CH.  XL] 


VANS    MURRAY  MINISTER  TO   FRANCE. 


459 


theless,  Mr.  Adams  saw  fit  to  be  gov 
erned  by  them,  and  he  acted  accord 
ingly.  "  His  convictions  of  duty,"  as 
his  grandson  remarks,  "  were  never 
more  clear.  War  impended  over  the 
country,  and  a  chance  was  yet  left  to 
avert  it.  He  was  bound  not  to  permit 
that  chance,  however  slight,  to  escape. 
He  meditated  the  means  in  his  own 
secret  heart.  There  was  but  one  way. 
He  ought  to  send  to  the  Senate  a  com 
munication  nominating  a  minister  to  go 
to  France,  and  the  person  must  be  the 
individual  through  whom  the  overtures 
for  accommodation  had  been  transmit 
ted,  William  Vans  Murray,  now  minister 
at  the  Hague."* 

On  the  18th  of  February,  without 
any  communication  with  his  cabinet, 
and  without  any  consultation  with  the 
federalists  in 'either  House,  the  presi 
dent  nominated  to  the  Senate 
Mr.  William  Vans  Murray  as 
minister-plenipotentiary  to  the  French 
republic.  "  Had  a  thunderbolt  fallen 
upon  that  body,  it  could  not  have  pro 
duced  more  amazement.  Warlike  prep 
arations,  pursuant  to  the  recommenda 
tions  of  the  speech,  had  been  adopted ; 
up  to  that  very  hour,  every  measure 
had  been  in  reference  to  prospective 
war,  and  now  the  action  of  the  political 
engine  was  suddenly  reversed,  at  the 
moment  when  its  every  joint  was  strain 
ed  to  the  utmost."f 

Mr.  Jefferson,  writing  to  Mr.  Mad 
ison,  under  date  of  the  19th  of  Febru 
ary,  gives  an  account  of  this  matter. 


*  "  Life  and  Works  of  John  Adams"  vol.  i.,  p.  543. 
t   Gibbs's  "  Administrations  of  Washington  and 
Adams,"  vol.  ii.,  p.  189. 


1 790. 


"The  event  of  events  was  announced 

to  the  Senate  yesterday 

The  president  nominated  to  the  Senate 
William  Vans  Murray,  minister-pleni 
potentiary  to  the  French  republic ;  and 
added,  that  he  shall  be  instructed  not 
to  go  to  France  without  direct  and  un 
equivocal  assurances  from  the  French 
government,  that  he  shall  be  received 
in  character,  enjoy  the  due  privileges, 
and  a  minister  of  equal  rank,  title,  and 
power  be  appointed  to  discuss  and  con 
clude  our  controversy  by  a  new  treaty. 
This  had  evidently  been  kept  secret 
from  the  federalists  of  both  Houses,  as 
appeared  by  their  dismay.  The  Senate 
have  passed  over  this  day,  without  tak 
ing  it  up.  It  is  said  they  are  gravelled 
and  divided ;  some  are  for  opposing, 
others  do  not  know  what  to  do.  But 
in  the  mean  time,  they  have  been  per 
mitted  to  go  on  with  all  the  measures 
of  war  and  patronage,  and  when  the 
close  of  the  session  is  at  hand,  it  is 
made  known."  With  great  keenness 
of  political  vaticination,  Mr.  Jefferson 
also  pronounced  of  this  measure  of  the 
president,  that  "  it  silences  all  argu 
ments  against  the  sincerity  of  France, 
and  renders  desperate  every  further 
effort  towards  war." 

After  two  days'  delay,  the  nomina 
tion  was  referred  to  a  committee  of  five, 
who  waited  on  the  president  to  remon 
strate  with  him.  Adams  was  firm,  but 
offered  to  join  with  Mr.  Vans  Murray 
two  other  persons,  to  proceed  on  the 
mission  so  soon  as  the  requisite  assur 
ance  should  be  obtained  that  they 
would  be  favorably  received. 
On  the  25th  of  February,  a  sec 
ond  message  was  sent,  naming  Patrick 


460 


EVENTS   OF  THE  YEARS   1798  AND    1799. 


[Ex.  IV. 


Henry  and  Oliver  Ellsworth  (then 
chief  justice)  joint  ambassadors  with 
Murray,  and  the  Senate  accepted  the 
revised  proposal.  But  Henry  declined 
the  honor  on  account  of  his  age : 
"Nothing  short  of  absolute  necessity," 
said  he.  "  could  induce  me  to  withhold 
my  feeble  aid  from  an  administration, 
whose  abilities,  patriotism,  and  virtue 
deserve  the  gratitude  and  reverence  of 
all  their  fellow-citizens."  In  his  place 
General  William  R.  Davie,  the  recently 
appointed  governor  of  North  Carolina, 
was  nominated.  The  departure  of  Ells 
worth  and  Davie  was,  however,  post 
poned  until  satisfactory  assurances  re 
specting  the  reception  of  an  embassy 
had  reached  the  president ;  and  they 
did  not  leave  America  till  the  5th  of 
the  following  November. 

On  the  6th  of  March,  the  secretary 
of  state  dispatched  to  Mr.  Murray  his 
commission  as  joint  envoy,  and  directed 
him  on  the  point  of  obtaining  proper 
assurances  as  to  the  reception  of  the 
embassy  by  the  French  government. 
On  the  evening  of  the  10th,  the  pres 
ident  and  his  cabinet  discussed  and 
agreed  upon  the  terms  on  which  negotia 
tions  were  to  be  conducted.*  The  next 
day,  in  the  midst  of  the  press  of  busi 
ness,  the  president  hurried  away  to  his 
house  at  Quincy,  a  step  which  his  grand 
son  characterizes  as  "  a  great  error." 

Early  in  May,  Murray  received  his 
instructions,  and  addressed  a  note  to 
Talleyrand  on  the  subject.  Talleyrand 

*  Mr.  0.  F.  Adams  claims,  (p.  550,)  that  the  more 
conservative  portion  of  the  federalists,  John  Marshall, 
Lincoln,  Dexter,  and  others,  with  two  of  the  members 
of  the  cabinet,  supported  the  course  of  the  president 
in  making  these  advances  towards  fresh  negotiation. 


answered  on  the  12th  of  May,  repeating 
the  assurances  expected,  and  rather  im 
pertinently  complaining  of  delays  on 
the  part  of  the  president.  Mr.  Mur 
ray's  dispatch  did  not  arrive  in  America 
until  the  30th  of  July.  Adams,  early 
in  August,  directed  that  the  envoys 
should  get  ready  for  immediate  depart 
ure,  and  requested  the  secretary  of  state 
to  get  ready  a  draft  of  instructions,  and 
send  it  to  him  for  approval.  The  yel 
low  fever  having  broken  out  in  Phila 
delphia,  the  offices  of  state  were  re 
moved  to  Trenton  towards  the  close 
of  the  month,  and  the  instructions  were 
completed  early  in  September.  Mr. 
Gibbs  (vol.  ii.,  pp.  251-261)  gives  the 
articles  of  instruction,  and  Wolcott's 
review  of  them,  which  is  worth  consult 
ing.  On  the  llth  of  September,  they 
were  transmitted  to  the  president.  At 
the  same  time  information  was  sent  to 
Mi'.  Adams  of  the  revolution  of  the 
30th  Prairial,  by  which  the  Directory 
was  overthrown,  and  it  was  suggested 
by  the  cabinet  that  the  departure  of 
the  envoys  ought  to  be  delayed  in  con 
sequence.  Early  in  October,  Mr.  Adams 
left  Quincy,  called  on  Judge  Ellsworth 
at  Windsor,  and  reached  Trenton  on 
the  10th  of  October.  Mr.  Davie  was 
already  there,  as  was  also  Alexander 
Hamilton,  on  business  of  the  army. 
Judge  Ellsworth  arrived  a  day  or  two 
later.  The  news  from  Europe  seemed 
to  indicate  the  probability  of  a  restora 
tion  of  the  Bourbons,  and  a  postpone 
ment  of  the  mission  was  urged  upon 
the  president.  On  the  15th,  the  in 
structions  were  again  discussed  and 
settled  upon  at  a  late  hour  of  the 
evening,  the  other  point  of  delay  be- 


CH.  XI.] 


ADAMS'S   LETTERS  TO   CUNNINGHAM. 


461 


1799. 


ing  left  open.  The  next  morning,  Mr. 
Adams  laconically  sent  word  to  the 
secretary  of  state  to  prepare  the  neces 
sary  papers  for  the  use  of  the  envoys, 
and  that  the  frigate  United  States 
should  convey  them  to  their  destina 
tion  at  the  beginning  of  November.* 

Bearing  in  mind  the  detail  just  given, 
we  shall  quote  a  passage  or  two  from 
one  of  the  "Cunningham  Letters,"  as 
worth  the  reader's  attention.  "  Before 
I  left  Philadelphia,  I  had  called 
together  all  the  five  heads  of 
departments  to  consult  upon  instruc 
tions  to  Mr.  Ellsworth,  Mr.  Davie,  and 
Mr.  Murray,  in  their  negotiations  with 
France.  We  had  met  several  days,  and 
discussed  every  point  in  controversy. 
We  had  reasoned,  and  examined,  and 
convinced  one  another,  until  we  had 
agreed  unanimously  upon  every  article, 
and  reduced  the  whole  to  writing.  I 
gave  it  to  the  secretary  of  state  to  re- 

V 

duce  it  into  form,  correct  the  language 
where  it  wanted  any  alteration,  make  a 
fair  copy,  and  send  it  as  soon  as  pos 
sible  to  me  at  Quincy  for  revision  and 
correction,  that  I  might  sign  the  instruc 
tions  to  be  delivered  to  the  envoys. 

"  Arrived  at  Quincy,  I  expected  them 
by  every  post.  Week  after  week  passed 
away,  and  no  instructions  arrived.  I 
was  uneasy,  because  our  envoys  ought 
to  be  upon  their  passage.  After  a  long 

*  Compare  Mr.  Gibbs's  statements  (vol.  ii.,  pp.  267- 
77,)  with  the  account  given  by  Mr.  C.  F.  Adams,  (vol. 
i.,  pp.  551-59.)  Mr.  Adams  argues  warmly,  that  the 
last  charge  which  ought  to  be  made  against  the  presi 
dent  is,  that  which  charges  him  witli  being  deficient 
in  decision  and  energy  of  character,  for  "  These  were 
the  characteristics  which  had  been  the  most  fully  de 
veloped  in  the  course  of  his  career,  and  made  the 
basis  of  his  reputation  as  a  public  man." 
VOL.  II.— 58 


time,  instead  of  instructions,  came  a 
letter  to  me  signed  by  all  five  of  the 
heads  of  departments,  advising  and  most 
earnestly  entreating  me  to  suspend  the 
embarkation  of  the  ministers.  This 
trifling,  this  negligence  of  duty,  this 
downright  disobedience  of  my  orders, 
most  seriously  alarmed  me.  I  was  re 
sponsible  alone  to  my  country,  for  meas 
ures  which  I  knew  to  be  indispensable 
to  avoid  a  war  abroad  with  France,  and 
a  civil  war  at  home ;  while  we  were  in 
volved  and  embroiled  with  England  in 
very  difficult  controversies,  and  I  could 
get  nothing  done.  I  very  coolly,  how 
ever,  preserved  my  temper,  and  set  off 
immediately  for  Trenton,  to  meet  my 
gentlemen  face  to  face.  At  Trenton  I 
found  the  gentlemen  had  wrought  them 
selves  up  to  a  perfect  enthusiasm  and 
delusion."  The  members  of  the  cabinet, 
as  above  noted,  were  anticipating  the 
speedy  restoration  of  the  Bourbons  by 
means  of  Austria  and  Russia,  Great 
Britain  furnishing  the  money.  He  pro 
ceeds  ;  "  I  heard  all  their  reasons  with 
the  utmost  coolness  and  candor ;  gave 
my  reasons  and  opinions  in  answer  to 
theirs ;  and  decided  that  the  instruc 
tions  should  be  finished,  and  the  ambas 
sadors  embarked  as  soon  as  possible, 
wliicli  was  done;  and  they  brought 
back  peace  abroad  and  at  home.*  I 
found  Hamilton  at  Trenton.  He  came 


*  Some  ten  years  afterwards,  Adams,  writing  to 
Cunningham,  indulges  himself  in  eulogizing  the  chief 
events  of  these  years.  "A  glorious  and  triumphant 
war  it  was.  Instead  of  hearing  of  vessels  taken  in 
our  rivers,  and  burnt  in  our  harbors,  as  we  have  done 
for  a  long  time,  not  a  hostile  sail  dared  to  spread  it 
self  on  any  part  of  our  vast  sea-coast.  Instead  of  our 
merchant  ships  being  taken  by  scores,  and  our  prop 
erty  captured  by  millions  in  the  West  Indies,  we 


462 


EVENTS   OF  THE  YEARS   1798   AND   1799. 


[UK.  IV. 


to  visit  me.  I  said  nothing  to  liim  upon 
politics.  He  began  to  give  his  advice 
unasked.  I  heard  him  with  perfect 
good  humor,"  etc.,  going  on  to  say, 
among  other  disparaging  things,  that 
"never  in  his  life  did  he  hear  a  man 
talk  more  like  a  fool." 

The  effect  of  this  dissension  between 
the  president  and  his  cabinet,  together 
with  the  results  of  the  mission  to  France, 
was  fatal  to  the  continuance  of  the  fed 
eral  party  in  power,  and  the  gloomy 
foreboding  of  defeat  seemed  to  have 
been  widely  spread.  The  way,  too, 
was  directly  opened  for  what  Mr.  Jef 
ferson  termed  the  "  Republican  Revolu 
tion  of  1801." 

Early  in  February,  1799,  symptoms 
of  discontent,  and  a  spirit  of  resistance 
to  the  laws,  began  to  manifest  itself 
in  Western  Pennsylvania,  which  had 
once  before  been  the  scene  of  a  formid 
able  insurrection.  The  levying  of  the 
direct  tax  caused  so  much  dissatisfac 
tion,  and  was  resisted  with  so  much 
violence,  that  it  wTas  deemed  necessary 
to  apprehend  some  of  the  most  forward 
of  the  rioters,  and  the  district  court 


cleared  the  whole  seas,  and  not  a  privateer  or  pica 
roon,  or  even  a  frigate,  dared  show  its  head.  The 
proud  pavilion  of  France  was,  in  many  glaring  in 
stances,  humiliated  under  the  eagle  and  stripes  of 
the  United  States.  But  the  greatest  triumph  of  all 
was,  that  the  haughty  Directory,  who  had  demand 
ed  tribute,  refused  to  receive  our  ambassadors,  and 
formally  and  publicly,  by  an  act  of  government,  de 
clared  that  they  would  not  receive  any  more  minis 
ters  from  the  United  States  till  I  had  made  excuses 
and  apologies  for  some  of  my  speeches,  were  obliged 
to  humble  themselves,  retread  all  their  declarations, 
and  transmit  to  me  the  most  positive  assurances,  in 
several  various  ways,  both  official  and  unofficial,  that 
they  would  receive  my  ministers,  and  make  peace  on 
my  own  terms." 


1799. 


accordingly  authorized  the  seizure  of 
about  thirty  persons.  John  Fries,  or 
Captain  Fries,  of  the  county  of  North 
ampton  in  Pennsylvania,  had  already 
made  himself  conspicuous  by  the  threats 
he  had  uttered  against  the  as- 

O 

sessors ;  and  now  he  put  himself 
at  the  head  of  a  band  of  some  hundred 
armed  men,  on  foot  and  on  horseback, 
marched  to  Bethlehem,  collected  be 
fore  the  house  in  which  were  the  mar 
shal  and  his  prisoners,  and  demanded 
them  in  so  hostile  a  manner  that  the 
marshal  considered  it  better  to  accede 
to  their  requirement,  and  the  prisoners 
were  liberated.  This  happened  in  the 
beginning  of  March,  1799.  The  presi 
dent  having  issued  a  proclamation  com 
manding  submission  to  the  laws,  Gov 
ernor  Mifflin  summoned  the  militia,  who, 
with  a  body  of  regulars,  the  whole  under 
command  of  General  McPherson,  on  the 
20th  of  March,  proceeded  to  quell  the 
insurrection.  Fries  and  a  number  of  the 
ringleaders  were  taken  in  arms.  Being 
put  upon  his  trial  for  treason,  he  was 
brought  in  guilty.  The  court,  however, 
permitted  him  a  new  trial,  because  one 
of  the  jurors  had  previously  committed 
himself  against  the  man. 

We  may  mention,  in  this  connection, 
that  Fries  had  a  new  trial  in  April,  1800, 
and  was  a  second  time  brought  in  guilty.; 
there  being  no  doubt  of  his  having  done 
his  best  to  "  levy  war"  against  the  gov 
ernment.  His  counsel  endeavored  to  put 
the  judge  on  this  trial,  Samuel  Chase, 
into  the  wrong.  Fries  was,  however, 

sentenced  to  death ;  and  then,  not  lon^ 

~ 

after,  the  president,  influenced,  we  are 
persuaded,  by  humane  considerations, 
but  greatly  to  the  surprise  of  the  fed- 


CH.  XL] 


THE   CASE   OF   NASH   OR  ROBB1NS. 


403 


1T99. 


eralists,  pardoned  him  for  his  crime 
against  the  state.  Hamilton  and  others 
of  the  federal  party  denounced  the 
president's  course  as  a  "fatal  conces 
sion  to  his  enemies,'1  and  as  intended 
to  gain  him  popularity  in  Pennsylvania 
against  the  approaching  election.* 

Another  event,  out  of  which  some 
political  capital  was  attempted  to  be 
made,  deserves  to  be  put  on  record. 
In  the  summer  of  this  year,  the  British 
consul  at  Charleston  caused  a  man  call 
ing  himself  Nathan  Robbins,  to  be 
brought  before  Judge  Bee,  of 
the  District  Court,  on  suspicion 
of  being  concerned  in  the  mutiny  of  the 
British  frigate,  Herniione,  two  years  be 
fore,  that  he  might  be  sent  to  Jamaica 
for  trial,  in  accordance  with  the  twenty- 
seventh  article  of  Jay's  treaty,  which 
provided  for  the  extradition  of  persons 
guilty  of  murder  and  forgery.  The 
judge,  hesitating  as  to  his  course,  the 
British  minister,  Mr.  Liston,  applied  to 
the  secretary  of  state  for  the  fugitive 
mutineer,  and  Pickering  sent  to  Judsfe 

o  O 

Bee  the  president's  "  advice  and  re 
quest"  to  deliver  him  up. 

The  counsel  for  Nathan  Robbins, 
alias  Thomas  Nash,  produced  in  court 
a  notarial  certificate,  dated  New  York, 
May  20th,  1795,  to  the  effect  that  one 
Jonathan  Robbins  was  a  citizen  of  the 
United  States ;  and  the  fellow  in  ques 
tion — but  as  Jonatlian,  not  Nathan, 
Robbins,  made  affidavit  in  court  that 
he  was  a  native  of  Danbury,  Connecti 
cut,  and  having  been  pressed  from  on 


*  See  Mr.  Gibbs's  remarks,  vol.  ii.,  pp.  360-62; 
compare  Mr.  C.  F.  Adams's  statements,  vol.  i.,  pp. 
671-74. 


board  the  Betsy,  of  New  York,  two 
years  before,  chanced  to  be  in  the 
Hermione,  at  the  time  of  the  mutiny, 
to  which,  however,  he  denied  giving 
any  assistance. 

Nash  or  Robbins  was  delivered  up 
to  the  British  authorities,  was  taken  to 
Jamaica,  tried  by  a  court-martial  and 
executed,  confessing  himself  to  be  an 
Irishman. 

The  republican  leaders  in  Congress, 
thinking  that  here  was  a  good  oppor 
tunity  to  do  something  to  the  prejudice 
of  their  opponents,  on  the  4th  of  Feb 
ruary,  1800,  called  upon  the  president 
for  the  papers  relating  to  the  case  of 
Robbins.  Jefferson  also  helped  along 
the  matter  by  his  advice  and  letters. 

Adams  sent  the  papers  demanded 
without  delay ;  and  to  the  surprise  and 
disappointment  of  the  movers  in  this 
affair,  it  appeared  by  two  certificates, 
from  the  authorities  of  Danbury,  that 
no  Jonathan  or  Nathan  Robbins,  nor 
anybody  else  of  the  name  of  Robbins, 
had  ever  been  known  at  Danbury  in 
Connecticut ;  and  by  two  extracts  of 
letters  from  Sir  Hyde  Parker,  dated 
Port  Royal  Harbor,  Jamaica,  that  be 
fore  his  execution,  to  which  he  was 
sentenced  by  a  court-martial,  Nash  con 
fessed  himself  an  Irishman ;  having 
been,  as  it  appeared  from  the  books 
of  the  Hermione,  born  at  Waterford, 
and  beginning  his  career  as  a  volunteer 
on  board  the  Dover,  whence  he  was 
transferred  to  the  Hermione  in  1*793. 
Resolutions  of  censure  were  next  moved 
on  the  20th  of  February,  and  debated 
with  great  vehemence  by  Livingston, 
Gallatin,  and  Nicholas,  on  the  one  side, 
and  Bayard,  Harper,  Otis,  and  Dana 


464 


EVENTS   OF  THE   YEARS    1798   AND    1799. 


[BK.  IV. 


1*00. 


on  the  other.  It  was  on  the  6th  of 
March,  that  John  Marshall  de 
livered  that  profound  and  learn 
ed  speech  which,  as  Mr.  Justice  Story 
says,  "silenced  opposition,  and  settled 
then  and  forever  the  points  of  national 
law  upon  which  the  controversy  hinged." 
The  motion  was  negatived  by  a  vote 
of  sixty-two  against  thirty-five.* 

"  This  incident,"  says  Sullivan,  "  is 
strongly  illustrative  of  the  times.  It 
is  well  remembered,  that  the  impres 
sion  sought  to  he  made  on  the  public 
mind  was,  that  the  president  had  de 
livered  up  one  of  Ids  oivn  countrymen, 
in  obedience  to  British  requisition,  to 
be  hung  •  notwithstanding  the  accused 
citizen  had  done  no  more  than  he  law 
fully  might  do,  to  escape  from  the 
tyrannical  impressment  of  the  mistress 
of  the  seas.  It  is  not  surprising  that  any 
administration  should  be  overthrown, 
when  such  calumnies  were  received  as 
truths." 

In  June  of  this  year,  1*799,  commer 
cial  intercourse  was  reopened  with  St. 
Domingo,  the  negroes  having  thrown 
off  the  French  yoke,  and,  under 
the  rule  of  Toussaint  L'Ouver- 
ture,  essayed  to  organize  an  independ 
ent  republic.  A  treaty  of  amity  and 
commerce  with  Prussia,  was  concluded  at 
Berlin  in  July,  in  negotiating  which,  the 
president's  son,  John  Quincy  Adams, 
first  justified  the  eulogy  which  Wash- 

*  See  Benton's  "Abridgement  of  the  Debates  of 
Congress,"  vol.  ii.,  pp.  444-69.  "The  opposition," 
says  Tucker,  (vol.  ii.,  p.  68,)  "seemed  about  to  tri 
umph,  when  General  Marshall  made  an  argument  of 
so  much  power  and  skill  as  to  -turn  the  current  the 
other  way.  He  even  attained  the  rare  success  of 
convincing  some  of  his  opponents,  and  of  silencing 
those  whom  he  could  not  convince." 


1799. 


ington  had  pronounced  upon  him  before 
he  had  been  engaged  in  any  public  ser 
vice, — "  There  remains  no  doubt  in  my 
mind,  that  he  will  prove  himself  the 
ablest  of  all  our  diplomatic  corps." 

The  Kentucky  and  Virginia  Resolu 
tions  (see  p.  450)  were  transmitted  to 
the  executives  of  the  several  states,  and 
in  due  course  of  time  replies  were  re 
ceived  expressive  of  the  disapprobation 
of  the  legislatures,  and  showing  that 
the  doctrines  contained  in  the  Resolu 
tions  were  not  concurred  in  by  any  state 
legislature.  On  the  14th  of  November, 
1799,  the  legislature  of  Kentucky  took 
up  for  consideration  the  answers  of  the 
legislatures  of  other  states  to  the  re 
solutions  of  1798,  whereupon  the  com 
mittee's  report  was  read  and  agreed  to 
unanimously  by  the  House,  as  follows : 

"The  Representatives  of  the  good  peo 
ple  of  this  commonwealth,  in  general  as 
sembly  convened,  having  maturely  con 
sidered  the  answers  of  sundry  states  in 
the  Union,  to  their  resolutions  passed 
at  the  last  session,  respecting  certain 
unconstitutional  laws  of  Congress,  com 
monly  called  the  alien  and  sedition 
laws,  would  be  faithless  indeed  to  them 
selves,  and  -  to  those  they  represent, 
were  they  silently  to  acquiesce  in  the 
principles  and  doctrines  attempted  to 
be  maintained  in  all  those  answers,  that 
of  Virginia  only  excepted.  To  again 
enter  the  field  of  argument,  and  at 
tempt  more  fully  or  forcibly  to  expose 
the  unconstitutionality  of  those  obnox 
ious  laws,  would,  it  is  apprehended,  be 
as  unnecessary  as  unavailing.  We  can 
not,  however,  but  lament  that  in  the 
discussion  of  those  interesting  subjects, 
by  sundry  of  the  legislatures  of  our 


CH.  XI.] 


RESOLUTIONS  OF  THE  KENTUCKY  LEGISLATURE. 


sister  states,  unfounded  suggestions,  and 
uncandid  insinuations,  derogatory  of  the 
true  character  and  principles  of  the  good 
people  of  this  commonwealth,  have  been 
substituted  in  place  of  fair  reasoning  and 
sound  argument.  Our  opinions  of  these 
alarming  measures  of  the  general  gov 
ernment,  together  with  our  reasons  for 
those  opinions,  were  detailed  with  de 
cency  and  with  temper,  and  submitted 
to  the  discussion  and  judgment  of  our 
fellow-citizens  throughout  the  Union. 
Whether  the  like  decency  and  temper 
have  been  observed  in  the  answers  of 
most  of  those  states  who  have  denied  or 
attempted  to  obviate  the  great  truths 
contained  in  those  resolutions,  we  have 
now  only  to  submit  to  a  candid  world. 
Faithful  to  the  true  principles  of  the 
Federal  Union,  unconscious  of  any  de 
signs  to  disturb  the  harmony  of  that 
Union,  and  anxious  only  to  escape  the 
fangs  of  despotism,  the  good  people  of 
this  commonwealth  are  regardless  of 
censure  or  calumniation.  Lest,  how 
ever,  the  silence  of  this  commonwealth 
should  be  construed  into  an  acquies 
cence  in  the  doctrines  and  principles 
advanced  and  attempted  to  be  main 
tained  by  the  said  answers,  or  lest  those 
of  our  fellow-citizens  throughout  the 
Union,  who  so  widely  differ  from  us  on 
those  important  subjects,  should  be  de 
luded  by  the  expectation  that  we  shall 
be  deterred  from  what  we  conceive  our 
duty,  or  shrink  from  the  principles  con 
tained  in  those  resolutions ;  therefore, 

"  Resolved,  That  this  commonwealth 
considers  the  Federal  Union,  upon  the 
terms  and  for  the  purposes  specified 
in  the  late  compact,  as  conducive  to 
the  liberty  and  happiness  of  the  sev 


eral  states ;  That  it  does  now  unequiv 
ocally  declare  its  attachment  to  the 
Union,  and  to  that  compact,  agreeable 
to  its  obvious  and  real  intention,  and 
will  be  among  the  last  to  seek  its  dis 
solution  :  That  if  those  who  admin 
ister  the  general  government  be  per 
mitted  to  transgress  the  limits  fixed 
by  that  compact,  by  a  total  disregard 
to  the  special  delegations  of  power 
therein  contained,  an  annihilation  of 
the  state  governments,  and  the  erection 
upon  their  ruins  of  a  general  consoli 
dated  government,  will  be  the  inevit 
able  consequence  :  That  the  principle 
and  construction  contended  for  by  sun 
dry  of  the  state  legislatures,  that  the 
general  government  is  the  exclusive 
judge  of  the  extent  of  the  powers  dele 
gated  to  it,  stop  nothing  short  of  des 
potism,  since  the  discretion  of  those 
who  administer  the  government,  and 
not  the  Constitution,  would  be  the 
measure  of  their  powers :  That  the 
several  states  who  formed  that  instru 
ment,  being  sovereign  and  independent, 
have  the  unquestionable  right  to  judge 
of  its  infraction,  and  that  a  nullification 
~by  those  sovereignties,  of  all  unauthor 
ized  acts  done  under  color  of  that  instru 
ment,  is  the  rightful  remedy :  That  this 
commonwealth  does,  upon  the  most  de 
liberate  reconsideration,  declare,  that 
the  said  alien  and  sedition  laws  are,  in 
their  opinion,  palpable  violations  of  the 
said  Constitution ;  and,  however  cheer 
fully  it  may  be  disposed  to  surrender 
its  opinion  to  a  majority  of  its  sister 
states  in  matters  of  ordinary  or  doubt 
ful  policy,  yet,  in  momentous  regula 
tions  like  the  present,  which  so  vitally 
wound  the  best  rights  of  the  citizen,  it 


40(5 


EVENTS   OF   THE   YEARS    1798   AND    1799. 


[BK.  IV. 


would  consider  a  silent  acquiescence  as 
highly  criminal :  That  although  this 
commonwealth,  as  a  party  to  the  fed 
eral  compact,  will  bow  to  the  laws  of 
the  Union,  yet  it  does  at  the  same  time 
declare,  that  it  will  not  now,  nor  ever 
hereafter,  cease  to  oppose  in  a  consti 
tutional  manner,  every  attempt,  from 
what  quarter  soever  offered,  to  violate 
that  compact.  And,  finally,  in  order 
that  no  pretexts  or  arguments  may  be 
drawn  from  a  supposed  acquiescence 
on  the  part  of  this  commonwealth  in 
the  constitutionality  of  those  laws,  and 
be  thereby  used  as  precedents  for  sim 
ilar  future  violations  of  the  federal  com 
pact,  this  commonwealth  does  now  enter 
against  them,  its  SOLEMN  PROTEST." 

The  same  subject  was  referred  to  a 
committee  in  the  Virginia  legislature,* 
and  a  report  was  prepared  by  Mr.  Mad 
ison,  which  was  very  long  and  very 
elaborate.  The  concluding  resolution, 
together  with  th.e  report,  were  adopted 
in  February,  1800.  The  resolution  was 
in  these  words : 

"  Resolved,  That  the  General  Assem 
bly,  having  carefully  and  respectfully 
attended  to  the  proceedings  of  a  num 
ber  of  the  states,  in  answer  to  their  res 
olutions  of  December  21, 1798,  and  hav 
ing  accurately  and  fully  re-examined  and 
reconsidered  the  latter,  find  it  to  be  their 


*  Singularly  enough,  Madison  was  now  fighting 
under  the  banners  of  a  party  whom  he  had  formerly 
opposed  earnestly,  and  Patrick  Henry,  who  was  a 
warm  opponent  of  the  Constitution  before  its  adop 
tion,  was  now  ready  to  do  battle  on  the  federal  side. 
He  had  been  elected  to  the  legislature ;  but  he  died 
before  its  meeting.  Had  his  life  been  spared,  we 
should  have  had  his  patriotic  and  eloquent  protest 
against  the  doctrines  of  the  Kentucky  and  Virginia 
Resolutions  of  the  preceding  year. 


indispensable  duty,  to  adhere  to  the 
same,  as  founded  in  truth,  as  consonant 
with  the  Constitution,  and  as  conducive 
to  its  preservation ;  and  more  especially 
to  be  their  duty  to  renew,  as  they  do 
hereby  renew,  their  protest  against 
'  the  alien  and  sedition  acts,'  as  pal 
pable  and  alarming  infractions  of  the 
Constitution." 

The  sixth  Congress  commenced  its 
first  session  on  the  2d  of  December. 
The  federalists  were  still  in  the  major 
ity,  although  strenuous  eiforts  had  been 
made  by  the  opposition  to  increase  their 


numbers.     Sedgwick  was  again 


1709. 


chosen  speaker  of  the  House, 
and  Samuel  Livermore,  the  vice-pres 
ident  being  absent,  was  appointed  pres 
ident  of  the  Senate. 

The  president's  speech,*  after  a  gen 
eral  reference  to  the  circumstances  of 
the  assembling  of  the  sixth  Congress. 

O  o 

spoke  of  Fries's  insurrection,  earnestly 
recommended  "a  revision  and  amend 
ment  of  the  judiciary  system ;"  glanced 
at  the  relation  of  the  Union  with  France,' 
Great  Britain,  and  St.  Domingo ;  inform 
ed  the  Houses  of  the  prospective  re 
moval  of  the  seat  of  government  to  the 
federal  city  ;•  and  by  way  of  enforcing 
the  passing  mention  of  financial  affairs, 
specially  addressed  to  the  Representa 
tives,  concluded  by  pointing  out  the 
wisdom  and  necessity  of  persevering 
"  in  a  system  of  national  defence,"  as 
"a  means  of  maintaining  our  just  rights;" 
"  for,"  said  he,  most  truly,  "  remotely  as 
we  are  placed  from  the  belligerent  na- 

*  "  The  speech  is  quite  short,  but  in  dignity  and 
simplicity  it  holds  its  rank  with  all  the  other  public 
papers  of  this  administration." — '•'•Life  and  Works  of 
John  Adams"  vol.  i.,  p.  5(50. 


CH.  XL] 


MR.   MADISON'S   LETTER. 


467 


tions,  and  desirous  as  we  are  by  doing 
justice  to  all  to  avoid  offence  to  any, 
nothing  short  of  the  power  of  repelling 
aggressions,  will  secure  to  our  country  a 
rational  prospect  of  escaping  the  calam 
ities  of  war,  or  national  degradation." 
And  thus  the  work  of  the  session  was 
begun. 

We  shall  not,  however,  continue  our 
narrative  at  this  moment ;  for  hardly 
had  Congress  commenced  its  session, 
when,  on 'a  sudden,  a  blow  fell  upon 
the  United  States  that  bowed  the 


hearts  of  the  people  as  the  heart  of 
one  man.  The  great,  the  noble,  the 
pure-minded  patriot,  GEORGE  WASH 
INGTON,  died,  and  a  great  and  sore  lam 
entation  and  mourning  went  up  from 
every  American  hearth  and  household, 
to  testify  the  profound  love  and  vener 
ation  with  which  he  was  regarded  by 
his  countrymen. 

We  shall  devote  a  separate  chapter 
to  the  account  of  Washington's  last 
days,  and,  as  is  but  right,  speak  some 
what  fully  of  his  character  and  career. 


APPENDIX    TO     CHAPTER    XI. 


MR.  MADISON'S  LETTER  TO  EDWARD  EVERETT 
ON  THE  SUBJECT  OF  NULLIFICATION. 

"  MOXTPEUER,  August,  1830. 

"  DE  VR  SIR, — I  have  duly  received  your  letter, 
in  which  you  refer  to  the  'nullifying  doctrine,' 
advocated  as  a  constitutional  right,  by  some  of 
our  distinguished  fellow-citizens ;  and  to  the  pro 
ceedings  of  the  Virginia  Legislature  in  1798  and 
1799,  as  appealed  to  in  behalf  of  that  doctrine; 
and  you  express  a  wish  for  my  ideas  on  those 
subjects. 

"  I  am  aware  of  the  delicacy  of  the  task  in 
some  respects,  and  the  difficulty  in  every  respect, 
of  doing  full  justice  to  it.  But,  having,  in  more 
than  one  instance,  complied  with  a  like  request 
from  other  friendly  quarters,  I  do  not  decline  a 
sketch  of  the  views  which  I  have  been  led  to  take 
of  the  doctrine  in  question,  as  well  as  some  others 
connected  with  them ;  and  of  the  grounds  from 
which  it  appears  that  the  proceedings  of  Virginia 
have  been  misconceived  by  those  who  have  ap 
pealed  to  them.  In  order  to  understand  the  true 
character  of  the  Constitution  of  the  United  States, 
the  error,  not  uncommon,  must  be  avoided,  of 
viewing  it  through  the  medium,  either  of  a  con 
solidated  government,  or  of  a  confederated  gov 


ernment,  whilst  it  is  neither  the  one  nor  the 
other ;  but  a  mixture  of  both.  And  having,  in 
no  model,  the  similitudes  and  analogies  applic 
able  to  other  systems  of  government,  it  must, 
more  than  any  other,  be  its  own  interpreter,  ac 
cording  to  its  text  and  the  facts  of  the  case. 

"  From  these  it  will  be  seen,  that  the  charac 
teristic  peculiarities  of  the  Constitution  are,  1, 
the  mode  of  its  formation ;  2,  the  division  of  the 
supreme  powers  of  government  between  the 
states  in  their  united  capacity,  and  the  states  in 
their  individual  capacities. 

"1.  It  was  formed,  not  by  the  governments 
of  the  component  states,  as  the  Federal  Govern 
ment  for  which  it  was  substituted  was  formed. 
Nor  was  it  formed  by  a  majority  of  the  people 
of  the  United  States,  as  a  single  community,  hi 
the  manner  of  a  consolidated  government. 

"  It  was  formed  by  the  states,  that  is,  by  the 
people  in  each  of  the  states,  acting  in  their  highest 
sovereign  capacity  ;  and  formed  consequently  by 
the  same  authority  which  formed  the  State  Con 
stitutions. 

"  Being  thus  derived  from  the  same  source  as 
the  constitutions  of  the  states,  it  has,  within  each 
state,  the  same  authority  as  the  constitution  of 


468 


APPENDIX  TO   CHAPTER  XI. 


[Bx.  IV. 


the  state :  and  is  as  much  a  constitution  in  the 
strict  sense  of  the  term,  within  its  prescribed 
sphere,  as  the  constitutions  of  the  states  are, 
within  their  respective  spheres ;  but  with  this 
obvious  and  essential  difference,  that  being  a  com 
pact  among  the  states  in  their  highest  sovereign 
capacity,  and  constituting  the  people  thereof  one 
people  for  certain  purposes,  it  cannot  be  altered 
or  annulled  at  the  will  of  the  states  individually, 
as  the  constitution  of  a  state  may  be  at  its  indi 
vidual  will. 

"2.  And  that  it  divides  the  supreme  powers 
of  government,  between  the  government  of  the 
United  States,  and  the  governments  of  the  indi 
vidual  states,  is  stamped  on  the  face  of  the  instru 
ment;  the  powers  of  war  and  of  taxation,  of 
commerce  and  of  treaties,  and  other  enumerated 
powers  vested  in  the  government  of  the  United 
States,  being  of  as  high  and  sovereign  a  charac 
ter  as  any  of  the  powers  reserved  to  the  state 
governments. 

"  Nor  is  the  government  of  the  United  States, 
created  by  the  Constitution,  less  a  government  in 
the  strict  sense  of  the  term,  within  the  sphere  of 
its  powers,  than  the  governments  created  by  the 
constitutions  of  the  states  are,  within  their  sever 
al  spheres.  It  is  like  them  organized  into  Legis 
lative,  Executive,  and  Judiciary  Departments. 
It  operates,  like  them,  directly  on  persons  and 
things.  And,  like  them,  it  has  at  command  a 
physical  force  for  executing  the  powers  com 
mitted  to  it.  The  concurrent  operation  in  cer 
tain  cases,  is  one  of  the  features  marking  the 
peculiarity  of  the  system. 

"  Between  these  different  constitutional  govern 
ments,  the  one  operating  in  all  the  states,  the 
others  operating  separately  in  each,  with  the  ag 
gregate  powers  of  government  divided  between 
them,  it  could  not  escape  attention,  that  contro 
versies  would  arise  concerning  the  boundaries  of 
jurisdiction ;  'and  that  some  provision  ought  to  be 
made  for  such  occurrences.  A  political  system 
that  does  not  provide  for  a  peaceable  and  author 
itative  termination  of  occurring  controversies, 
would  not  be  more  than  the  shadow  of  a  govern 
ment  ;  the  object  and  end  of  a  real  government 
being  the  substitution  of  law  and  order,  for  un 
certainty,  confusion,  and  violence. 

"  That  to  have  left  a  final  decision,  in  such  cases, 
to  each  of  the  states,  then  thirteen,  and  already 


twenty-four,  could  not  fail  to  make  the  Constitu 
tion  and  laws  of  the  United  States  different  in 
different  states,  was  obvious ;  and  not  less  obvi 
ous,  that  this  diversity  of  independent  decisions, 
must  altogether  distract  the  government  of  the 
Union,  and  speedily  put  an  end  to  the  Union  itself. 
A  uniform  authority  of  the  laws  is  in  itself  a 
vital  principle.  Some  of  the  most  important 
laws  could  not  be  partially  executed.  They 
must  be  executed  in  all  the  states,  or  they  could 
be  duly  executed  in  none.  An  impost,  or  an  ex 
cise,  for  example,  if  not  in  force  in  some  states, 
would  be  defeated  in  others.  It  is  well  known 
that  this  was  among  the  lessons  of  experience 
which  had  a  primary  influence  in  bringing  about 
the  existing  Constitution.  A  loss  of  its  general 
authority  would  moreover  revive  the  exasperat 
ing  questions  between  the  states  holding  ports 
for  foreign  commerce,  and  the  adjoining  states 
without  them ;  to  which  are  now  added  all  the 
inland  states,  necessarily  carrying  on  their  foreign 
commerce  through  other  states. 

"To  have  made  the  decisions  under  the  au 
thority  of  the  individual  states,  co-ordinate,  in  all 
cases,  with  decisions  under  the  authority  of  the 
United  States,  would  unavoidably  produce  col 
lisions  incompatible  with  the  peace  of  society, 
and  with  that  regular  and  efficient  administration, 
which  is  of  the  essence  of  free  governments. 
Scenes  could  not  be  avoided,  in  which  a  minis 
terial  officer  of  the  United  States,  and  the  corre 
spondent  officer  of  an  individual  state,  would 
have  rencounters  in  executing  conflicting  decrees ; 
the  result  of  which  would  depend  on  the  com 
parative  force  of  the  local  posses  attending  them  ; 
and  that,  a  casualty  depending  on  the  political 
opinions  and  party  feelings  in  different  states. 

"To  have  referred  every  clashing  decision, 
under  the  two  authorities,  for  a  final  decision,  to 
the  states  as  parties  to  the  Constitution,  would  be 
attended  with  delays,  with  inconveniences,  and 
with  expenses,  amounting  to  a  prohibition  of 
the  expedient ;  not  to  mention  it's  tendency  to  im 
pair  the  salutary  veneration  for  a  system  requir 
ing  such  frequent  interpositions,  nor  the  delicate 
questions  which  might  present  themselves  as  to 
the  form  of  stating  the  appeal,  and  as  to  the 
quorum  for  deciding  it. 

"  To  have  trusted  to  negotiation  for  adjusting 
disputes  between  the  government  of  the  United 


CH.  XI.J 


MR.   MADISON'S   LETTER. 


469 


States  and  the  state  governments,  as  between  in 
dependent  and  separate  sovereignties,  would  have 
lost  sight  altogether  of  a  constitution  and  govern 
ment  for  the  Union,  and  opened  a  direct  road 
from  a  failure  of  that  resort,  to  the  ultima  ratio 
between  nations  wholly  independent  of  and  alien 
to  each  other.  If  the  idea  had  its  origin  in  the 
process  of  adjustment,  between  separate  branches 
of  the  same  government,  the  analogy  entirely  fails. 
In  the  case  of  disputes  between  independent  parts 
of  the  same  government,  neither  part  being  able 
to  consummate  its  will,  nor  the  government  to 
proceed  without  a  concurrence  of  the  parts,  neces 
sity  brings  about  an  accommodation.  In  disputes 
between  a  state  government,  and  the  government 
of  the  United  States,  the  case  is  practically  as 
well  as  theoretically  different;  each  party  pos 
sessing  all  the  departments  of  an  organized  gov 
ernment,  Legislative,  Executive,  and  Judiciary ; 
and  having  each  a  physical  force  to  support  its 
pretensions.  Although  the  issue  of  negotiation 
might  sometimes  avoid  this  extremity,  how  often 
would  it  happen,  among  so  many  states,  that  an 
unaccommodating  spirit  in  some,  would  render 
that  resource  unavailing  ?  A  contrary  supposition 
would  not  accord  with  a  knowledge  of  human 
nature,  or  the  evidence  of  our  own  political  his 
tory. 

"  The  Constitution,  not  relying  on  any  of  the 
preceding  modifications,  for  its  safe  and  success 
ful  operation,  has  expressly  declared,  on  the  one 
hand — 1,  '  that  the  Constitution,  and  the  laws 
made  in  pursuance  thereof,  and  all  treaties  made 
under  the  auth'ority  of  the  United  States,  shall  be 
the  supreme  law  of  the  land ;  2,  that  the  Judges 
of  every  state  shall  be  bound  thereby,  any  thing 
in  the  constitution  and  laws  of  any  state  to  the 
contrary  notwithstanding;  3,  that  the  judicial 
power  of  the  United  States  shall  extend  to  all 
cases  in  law  and  equity  arising  under  the  Consti 
tution,  the  laws  of  the  United  States,  and  treaties 
made  under  their  authority,'  &c. 

"  On  the  other  hand,  as  a  security  of  the  rights 
and  powers  of  the  states,  in  their  individual  ca 
pacities,  against  an  undue  preponderance  of  the 
p*owers  granted  to  the  government  over  them  in 
their  united  capacity,  the  Constitution  has  relied 
on — 1,  the  responsibility  of  the  Senators  and 
Representatives  in  the  Legislature  of  the  United 
States  to  the  Legislatures  and  people  of  the 
VOL.  II.— 59 


states ;  2,  the  responsibility  of  the  President  to 
the  people  of  the  United  States ;  and  3,  the  lia 
bility  of  the  Executive  and  Judicial  functionaries 
of  the  United  States  to  impeachment  by  the  Rep 
resentatives  of  the  people  of  the  states,  in  one 
branch  of  the  Legislature  of  the  United  States, 
and  trial  by  the  Representatives  of  the  states,  in 
the  other  branch :  the  state  functionaries,  Legis 
lative,  Executive,  and  Judicial,  being,  at  the  same 
time,  in  their  appointment  and  responsibility,  al 
together  independent  of  the  agency  or  authority 
of  the  United  States. 

"  How  far  this  structure  of  the  government  of 
the  United  States  is  adequate  and  safe  for  its  ob 
jects,  time  alone  can  absolutely  determine.  Ex 
perience  seems  to  have  shown  that  whatever  may 
grow  out  of  future  stages  of  our  national  career, 
there  is,  as  yet,  a  sufficient  control,  in  the  popular 
will,  over  the  Executive  and  Legislative  Depart 
ments  of  the  government.  When  the  Alien  and 
Sedition  Laws  were  passed  in  contravention  to 
the  opinions  and  feelings  of  the  community,  the 
first  elections  that  ensued  put  an  end  to  them. 
And  whatever  may  have  been  the  character  of 
other  acts,  in  the  judgment  of  many  of  us,  it  is 
but  true,  that  they  have  generally  accorded  with 
the  views  of  a  majority  of  the  states  and  of  the 
people.  At  the  present  day  it  seems  well  under 
stood  that  the  laws  which  have  created  the  most 
dissatisfaction,  have  had  a  like  sanction  without 
doors ;  and  that  whether  continued,  varied,  or  re 
pealed,  a  like  proof  will  be  given  of  the  sym 
pathy  and  responsibility  of  the  representative 
body,  to  the  constituent  body.  Indeed,  the  great 
complaint  now  is  against  the  results  of  this  sym 
pathy  and  responsibility  in  the  legislative  policy 
of  the  nation. 

"  With  respect  to  the  judicial  power  of  the 
United  States,  and  the  authority  of  the  Supreme 
Court  in  relation  to  the  boundary  of  jurisdiction 
between  the  Federal  and  State  Governments,  I 
may  be  permitted  to  refer  to  the  thirty-ninth 
number  of  the  '  Federalist,'*  for  the  light  in 


*  No.  89.  "  It  is  true,  that  in  controversies  relating  to  the  boun 
dary  between  the  two  jurisdictions,  the  tribunal  which  is  ultimately 
to  decide,  is  to  be  established  under  the  General  Government.  But 
this  does  not  change  the  principle  of  the  case.  The  decision  is  to  be 
impartially  made,  according  to  the  rules  of  the  Constitution ;  and 
all  the  usual  and  most  effectual  precautions  are  taken  to  secure  this 
impartiality.  Some  such  tribunal  ia  clearly  essential  to  prevent  an 
appeal  to  the  sword,  and  a  dissolution  of  the  compact ;  and  that  it 


470 


APPENDIX  TO   CHAPTER  XL 


[BK.  IV. 


which  the  subject  was  regarded  by  its  writer,  at 
the  period  when  the  Constitution  was  depending ; 
and  it  is  believed  that  the  same  was  the  prevail 
ing  view  then  taken  of  it,  that  the  same  view  has 
continued  to  prevail,  and  that  it  does  so  at  this 
time,  notwithstanding  the  eminent  exceptions  to  it. 

"  But  it  is  perfectly  consistent  with  the  conces 
sion  of  this  power  to  the  Supreme  Court,  in  cases 
falling  within  the  course  of  its  functions,  to  main 
tain  that  the  power  has  not  always  been  rightly 
exercised.  To  say  nothing  of  the  period,  happily 
a  short  one,  when  judges  in  their  seats  did  not 
abstain  from  intemperate  and  party  harangues, 
equally  at  variance  with  their  duty  and  their  dig 
nity  ;  there  have  been  occasional  decisions  from 
the  bench,  which  have  incurred  serious  and  ex 
tensive  disapprobation.  Still  it  would  seem  that, 
with  but  few  exceptions,  the  course  of  the  Judi 
ciary  has  been  hitherto  sustained  by  the  predomi 
nant  sense  of  the  nation. 

"  Those  who  have  denied  or  doubted  the  supre 
macy  of  the  judicial  power  of  the  United  States, 
and  denounce  at  the  same  time  a  nullifying  power 
in  a  state,  seem  not  to  have  sufficiently  adverted 
to  the  utter  inefficiency  of  a  supremacy  in  a  law 
of  the  land,  without  a  supremacy  in  the  exposi 
tion  and  execution  of  the  law ;  nor  to  the  de 
struction  of  all  equipoise  between  the  Federal 
Government  and  the  State  Governments,  if, 
whilst  the  functionaries  of  the  Federal  Govern 
ment  are  directly  or  indirectly  elected  by  and  re 
sponsible  to  the  states,  and  the  functionaries  of 
the  states  are  in  their  appointment  and  responsi 
bility  wholly  independent  of  the  United  States, 
no  constitutional  control  of  any  sort  belonged  to 
the  United  States  over  the  states.  Under  such 
an  organization  it  is  evident,  that  it  would  be  in 
the  power  of  the  states,  individually,  to  pass  un 
authorized  laws,  and  to  carry  them  into  complete 
effect,  any  thing  in  the  Constitution  and  laws  of 
the  United  States  to  the  contrary  notwithstand 
ing.  This  would  be  a  nullifying  power  in  its 
plenary  character ;  and  whether  it  had  its  final 
effect  through  the  Legislative,  Executive,  or  Judi 
ciary  organ  of  the  state,  would  be  equally  fatal 


ought  to  be  established  under  the  general,  rather  than  under  the 
local,  governments ;  or,  to  speak  more  properly,  tliat  it  could  be 
safely  established  under  the  first  alone,  is  a  position  not  likely  to  be 
combated." 


to  the  constituted  relation  between  the  two  gov 
ernments. 

"  Should  the  provisions  of  the  Constitution,  as 
here  reviewed,  be  found  not  to  secure  the  gov- 

7  '         O 

ernment  and  rights  of  the  states  against  usurpa 
tions  and  abuses  on  the  part  of  the  United  States, 
the  final  resort,  within  the  purview  of  the  Con 
stitution,  lies  in  an  amendment  of  the  Constitu 
tion,  according  to  a  process  applicable  by  the 
states. 

"  And  in  the  event  of  a  failure  of  every  consti 
tutional  resort,  and  an  accumulation  of  usurpa 
tions  and  abuses,  rendering  passive  obedience  and 
non-resistance  a  greater  evil  than  resistance  and 
revolution,  there  can  remain  but  one  resort,  the 
last  of  all — an  appeal  from  the  cancelled  obliga 
tions  of  the  constitutional  compact,  to  original 
rights  and  the  law  of  self-preservation.  This  is 
the  ultima  ratio  under  all  governments,  whether 
consolidated,  confederated,  or  a  compound  of 
both;  and  it  cannot  be  doubted,  tha?t  a  single 
member  of  the  Union,  in  the  extremity  supposed, 
but  in  that  only,  would  have  a  right,  as  an  extra 
and  ultra-constitutional  right,  to  make  the  appeal. 

"  This  brings  us  to  the  expedient  lately  ad 
vanced,  which  claims  for  a  single  state  a  right  to 
appeal  against  an  exercise  of  power  by  the  gov 
ernment  of  the  United  States  decided  by  the 
states  to  be  unconstitutional,  to  the  parties  to  the 
constitutional  compact ;  the  decision  of  the  state 
to  have  the  effect  of  nullifying  the  act  of  the 
government  of  the  United  States,  unless  the  de 
cision  of  the  state  be  reversed  by  three-fourths 
of  the  parties. 

"  The  distinguished  names  and  high  authorities 
which  appear  to  have  asserted  and  given  a  prac 
tical  scope  to  this  doctrine,  entitle  it  to  a  respect 
which  it  might  be  difficult  otherwise  to  feel  for  it. 

"  If  the  doctrine  were  to  be  understood  as  re 
quiring  the  three-fourths  of  the  states  to  sustain, 
instead  of  that  proportion  to  reverse  the  decision 
of  the  appealing  state,  the  decision  to  be  without 
effect  during  the  appeal,  it  would  be  sufficient  to 
remark,  that  this  extra-constitutional  course  might 
well  give  way  to  that  marked  out  by  the  Consti 
tution,  which  authorizes  two-thirds  of  the  states 
to  institute,  and  three-fourths  to  effectuate,  an 
amendment  of  the  Constitution,  establishing  a 
permanent  rule  of  the  highest  authority,  in  place 
of  an  irregular  precedent  of  construction  only. 


CH.  XI.] 


MR.   MADISON'S   LETTER. 


471 


"  But  it  is  understood,  that  the  nullifying  doc 
trine  imports  that  the  decision  of  the  state  is  to 
be  presumed  valid,  and  that  it  overrules  the  law 
of  the  United  States,  unless  overruled  by  three- 
fourths  of  the  states. 

"  Can  more  be  necessary  to  demonstate  the  in- 
admissibility  of  such  a  doctrine,  than  that  it  puts 
it  in  the  power  of  the  smallest  fraction  over  one- 
fourth  of  the  United  States,  that  is,  of  seven 
states  out  of  twenty-four,  to  give  the  law  and 
even  the  Constitution  to  seventeen  states,  each  of 
the  seventeen  having,  as  parties  to  the  Constitu 
tion,  an  equal  right  with  each  of  the  seven,  to  ex 
pound  it,  and  insist  on  the  exposition  ?  That  the 
seven  might,  in  particular  instances,  be  right,  and 
the  seventeen  wrong,  is  more  than  possible.  But 
to  establish  a  positive  and  permanent  rule  giving 
such  a  power,  to  such  a  minority,  over  such  a 
majority,  would  overturn  the  first  principle  of 
free  government,  and  in  practice  necessarily  over 
turn  the  government  itself. 

"  It  is  to  be  recollected,  that  the  Constitution 
was  proposed  to  the  people  of  the  states  as  a 
whole,  and  unanimously  adopted  by  the  states  as 
a  whole,  it  being  a  part  of  the  Constitution  that 
not  less  than  three-fourths  of  the  states  should  be 
competent  to  make  any  alterations  in  what  had 
been  unanimously  agreed  to.  So  great  is  the 
caution  on  this  point,  that  in  two  cases  where  pe 
culiar  interests  were  at  stake,  a  proportion  even 
of  three-fourths  is  distrusted,  and  unanimity  re 
quired  to  make  an  alteration. 

"  When  the  Constitution  was  adopted  as  a 
whole,  it  is  certain  that  there  were  many  parts, 
which,  if  separately  proposed,  would  have  been 
promptly  rejected.  It  is  far  from  impossible 
that  every  part  of  a  Constitution  might  be  re 
jected  by  a  majority,  and  yet  taken  together  as  a 
whole  be  unanimously  accepted.  Free  Constitu 
tions  will  rarely,  if  ever  be  formed,  without  re 
ciprocal  concessions ;  without  articles  conditioned 
on  and  balancing  each  other.  Is  there  a  Consti 
tution  of  a  single  state  out  of  the  twenty-four 
that  would  bear  the  experiment  of  having  its 
component  parts  submitted  to  the  people  and 
separately  decided  on  ? 

"  What  the  fate  of  the  Constitution  of  the  United 
States  would  be,  if  a  small  proportion  of  the 
states  could  expunge  parts  of  it  particularly  valued 
by  a  large  majority,  it  can  have  but  one  answer. 


"  The  difficulty  is  not  removed  by  limiting  the 
doctrine  to  cases  of  construction.  How  many 
cases  of  that  sort,  involving  cardinal  provisions 
of  the  Constitution,  have  occurred  1  How  many 
now  exist?  How  many  may  hereafter  spring 
up  ?  How  many  might  be  ingeniously  created, 
if  entitled  to  the  privilege  of  a  decision  in  the 
mode  proposed  1 

"  It  is  certain  that  the  principle  of  that  mode 
would  not  reach  further  than  is  contemplated.  If 
a  single  state  can  of  right  require  three-fourths  of 
its  co-states  to  overrule  its  exposition  of  the  Con 
stitution,  because  that  proportion  is  authorized  to 
amend  it,  would  the  plea  be  less  plausible  that, 
as  the  Constitution  was  unanimously  established, 
it  ought  to  be  unanimously  expounded  ? 

"  The  reply  to  all  such  suggestions  seems  to  be 
unavoidable  and  irresistible ;  that  the  Constitu 
tion  is  a  compact,  that  its  text  is  to  be  expounded 
according  to  the  provisions  for  expounding  it — 
making  a  part  of  the  compact ;  and  that  none  of 
the  parties  can  rightfully  renounce  the  expound 
ing  provision  more  than  any  other  part.  When 
such  a  right  accrues,  as  may  accrue,  it  must  grow 
out  of  abuses  of  the  compact  releasing  the  suf 
ferers  from  their  fealty  to  it. 

"  In  favor  of  the  nullifying  claim  for  the  states, 
individually,  it  appears,  as  you  observe,  that  the 
proceedings  of  the  Legislature  of  Virginia,  in 
1798  and  1799,  against  the  Alien  and  Sedition 
Acts,  are  much  dwelt  upon. 

"  It  may  often  happen,  as  experience  proves, 
that  erroneous  constructions,  not  anticipated,  may 
not  be  sufficiently  guarded  against,  in  the  lan 
guage  used  ;  and  it  is  due  to  the  distinguished  in 
dividuals,  who  have  misconceived  the  intention 
of  those  proceedings,  to  suppose  that  the  mean 
ing  of  the  Legislature,  though  well  comprehended 
at  the  time,  may  not  now  be  obvious  to  those 
unacquainted  with  the  contemporary  indications 
and  impressions. 

"  But  it  is  believed,  that  by  keeping  in  view  the 
distinction  between  the  governments  of  the.states, 
and  the  states  in  which  they  were  parties  to  the 
Constitution  ;  between  the  rights  of  the  parties, 
in  their  concurrent  and  in  their  individual  capaci 
ties  ;  between  the  several  modes  and  objects  of 
interposition  against  the  abuses  of  power,  and 
especially  between  interpositions  within  the  pur 
view  of  the  Constitution,  and  interpositions  ap- 


472 


APPENDIX  TO   CHAPTER  XI. 


[BK.  IV. 


pealing  from  the  Constitution  to  the  rights  of 
nature  paramount  to  all  constitutions  ;  with  an 
attention,  always  of  explanatory  use,  to  the  views 
and  arguments  which  were  combated,  the  Reso 
lutions  of  Virginia,  as  vindicated  in  the  Report 
on  them,  will  be  found  entitled  to  an  exposition, 
showing  a  consistency  in  their  parts,  and  an  in 
consistency  of  the  whole  with  the  doctrine  under 
consideration. 

"  That  the  Legislature  could  not  have  intended 
to  sanction  such  a  doctrine,  is  to  be  inferred  from 
the  debates  in  the  Houses  of  Delegates,  and  from 
the  address  of  the  two  Houses  to  their  constitu 
ents,  on  the  subject  of  the  resolutions.  The 
tenor  of  the  debates,  which  were  ably  conducted 
and  are  understood  to  have  been  revised  for  the 
press  by  most,  if  not  all,  of  the  speakers,  dis 
closes  no  reference  whatever  to  a  constitutional 
right  in  an  individual  state,  to  arrest  by  force  the 
operation  of  a  law  of  the  United  States.  Con 
cert  among  the  states  for  redress  against  the 
Alien  and  Sedition  Laws,  as  acts  of  usurped 
power,  was  a  leading  sentiment ;  and  the  attain 
ment  of  a  concert  the  immediate  object  of  the 
course  adopted  by  the  legislature,  which  was  that 
of  inviting  the  other  states  '  to  concur  in  declar 
ing  .the  acts  to  be  unconstitutional,  and  to  co 
operate  by  the  necessary  and  proper  measures  in 
maintaining  unimpaired  the  authorities,  rights, 
and  liberties  reserved  to  the  states  respectively, 
and  to  the  people.'*  That  by  the  necessary  and 
proper  measures  to  be  concurrently  and  co-opera 
tively  taken,  were  meant  measures  known  to  the 
Constitution,  particularly  the  ordinary  control  of 
the  people  and  legislatures  of  the  states,  over  the 
Government  of  the  United  States,  cannot  be 
doubted  ;  and  the  interposition  of  this  control,  as 
the  event  showed,  was  equal  to  the  occasion. 

"  It  is  worthy  of  remark,  and  explanatory  of 
the  intentions  of  the  Legislature,  that  the  words 


*  See  the  concluding  resolution  of  1798. 


'  not  law,  but  utterly  null,  void,  and  of  no  force 
or  effect,'  which  had  followed,  in  one  of  the  reso 
lutions,  the  word  '  unconstitutional,'  were  struck 
out  by  common  consent.  Though  the  words 
were  in  fact  but  synonymous  with  '  unconstitu 
tional  ;'  yet  to  guard  against  a  misunderstanding 
of  this  phrase  as  more  than  declaratory  of  opin 
ion,  the  word  'unconstitutional'  alone  was  re 
tained,  as  not  liable  to  that  danger. 

"  The  published  Address. of  the  Legislature  to 
the  people,  their  constituents,  affords  another  con 
clusive  evidence  of  its  views.  The  address  warns 
them  against  the  encroaching  spirit  of  the  General 
Government,  argues  the  unconstitutionally  of 
the  Alien  and  Sedition  Acts,  points  to  other  in 
stances  in  which  the  constitutional  limits  had  been 
overleaped  ;  dwells  upon  the  dangerous  mode  of 
deriving  power  by  implication  ;  and  in  general 
presses  the  necessity  of  watching  over  the  con 
solidating  tendency  of  the  federal  policy.  But 
nothing  is  said  that  can  be  understood  to  look  to 
means  of  maintaining  the  rights  of  the  states,  be 
yond  the  regular  ones,  within  the  forms  of  the 
Constitution. 

"  If  any  further  lights  on  the  subject  could  be 
needed,  a  very  strong  one  is  reflected  in  the  an 
swers  to  the  resolutions,  by  the  states  which  pro 
tested  against  them.  The  main  objection  of  these, 
beyond  a  few  general  complaints  of  the  inflam 
matory  tendency  of  the  resolutions,  was  directed 
against  the  assumed  authority  of  a  state  legis 
lature  to  declare  a  law  of  the  United  States  un 
constitutional,  which  they  pronounced  an  unwar 
rantable  interference  with  the  exclusive  jurisdic 
tion  of  the  Supreme  Court  of  the  United  States. 
Had  the  resolutions  been  regarded  as  avowing 
and  maintaining  a  right,  in  an  individual  state,  to 
arrest,  by  force,  the  execution  of  a  law  of  the 
United  States,  it  must  be  presumed  that  it  would 
have  been  a  conspicuous  object  of  their  denuncia 
tion. 

"  With  cordial  salutations, 

"JAMES  MADISON." 


CH.  XII.] 


WASHINGTON'S  LAST  DAYS. 


473 


CHAPTEE    XII. 

1799. 

THE     DEATH     AND      CHABACTEB      OF     WASHINGTON. 

"Washington  at  Mount  Vernon  —  His  deep  interest  in  the  state  of  public  affairs  —  Not  permitted  to  see  peace  with 
France  restored  —  On  the  12th  of  December,  while  out  on  his  farm,  he  was  exposed  to  cold  rain  and  sleet —  Got 
wet  and  chilled  —  Caught  a  violent  cold  which  settled  in  his  throat  —  Became  very  ill  in  the  night  of  the  13th 
December  —  Fruitless  efforts  of  the  physicians  to  relieve  him  —  Expired  between  ten  and  eleven  at  night,  Decem 
ber  14th  —  Marshall's  touching  speech  in  the  House  —  Resolutions  adopted  by  Congress  —  Funeral  ceremonies  — 
General  Lee's  discourse — Universal  mourning  —  Tributes  to  the  memory  of  Washington  —  The  most  illustrious 
men  have  delineated  his  character  —  The  elaborate  and  admirable  Essay  on  Washington's  life  and  character,  by 
Mr.  Henry  T.  Tuckerman,  quoted  —  His  careful  analysis  and  clear  exposition  of  the  character  and  career  of 
George  Washington.  APPENDIX  TO  CHAPTER  XII.  I.  Marshall's  Character  of  Washington.  II.  Obituary  Notice 
of  Washington  in  a  London  newspaper,  January,  1800.  III.  Extract  from  Dr.  Mason's  Funeral  Oration  on 
Washington. 


1799. 


WASHINGTON,  having  given  such  at 
tention  to  the  duties  of  commander-in- 
chief  of  the  army  as  seemed  to  be  re 
quisite  in  the  event  of  an  invasion  by 
the  French,  retired  to  his  home 
at  Mount  Vernoii,  where  he  di 
vided  his  time  between  agricultural  pur 
suits  and  the  numerous  calls  upon  his 
time  and  consideration,  which  it  was 
impossible  for  him  to  put  aside.  He,  in 
common  with  the  rest  of  his  country 
men,  was  watching  the  progress  of 
events ;  he  entered  zealously  into  the 
vigorous  preparations  for  resisting  the 
aggressions  of  France  ;  he  thought  that 
after  the  insults  and  outrage  heaped 
upon  us,  the  government  could  not  hon 
orably  do  otherwise  than  insist  upon 
overtures  being  made  by  the  Direc 
tory  for  a  settlement  of  difficulties ;  and 
though  it  is  not  unlikely  that  he  doubt 
ed,  if  not  disapproved,  of  Mr.  Adams's 
course  in  instituting  a  third  embassy, 


yet  he  took  no  active  part  in  the  dis 
cussion,  and  was  willing  to  wait  the 
•result  of  this  new  effort  to  obtain  re 
dress.  His  conviction  on  the  subject  of 
the  French  invasion,  we  have  noted  on 
a  previous  page ;  and  it  turned  out  as 
he  predicted.  The  French  had  never 
seriously  thought  of  war,  openly  de 
clared  and  carried  on ;  and  having  suc 
ceeded,  by  indirect  intimations  of  their 
views  and  feelings,  in  inducing  Mr. 
Adams  to  send  a  fresh  commission,  to 
treat  with  the  unscrupulous  heads  of 
the  government  in  Paris,  the  result, 
they  doubted  not,  would  be  such  as 
they  desired.  The  American  envoys 
set  out  in  November,  IT 9 9,  for  the 
work  with  which  they  were  charged ; 
and  Washington  was  anxiously  looking 
for  what  was  to  follow  upon  their  la 
bors. 

The  end  he  was  not  privileged  to  see. 
The  restoration  of  peace,  which  he  de- 


474 


THE   DEATH  AND   CHARACTER   OF  WASHINGTON. 


[BK.  IV. 


1799. 


sired  above  all  things,  if  it  could  be 
effected  on  honorable  terms,  never  glad 
dened  his  heart;  but,  with  his  armor 
buckled  on,  not  knowing  how  soon  an 
enemy  more  formidable  far  than  those 
whom  he  had  met  and  overcome  in  the 
Revolutionary  struggle,  might  land  upon 
our  shores,  and  ravage  and  devastate 
our  peaceful  homes,  he  received  the 
summons  of  departure ;  he  was  called 
upon  to  lay  aside  his  armor,  and  to  pass 
away  to  his  final  account. 

On  Thursday,  the  12th  of  December, 
he  was  several  hours  on  horseback,  rid 
ing  about  and  giving  various  directions 
respecting  improvements  on  his  estate. 
The  weather  was  not  propitious;  rain, 
mingled  with  sleet,  fell  freely, 
and  Washington  was  wet  and 
chilled  while  riding  home.  The  water 
had  penetrated  through  his  overcoat, 
and  snow  was  lodged  about  his  neck 
and  in  the  locks  of  his  hair.  Washino;- 

o 

ton  made  light  of  the  exposure,  and  the 
next  day,  notwithstanding  a  heavy  fall 
of  snow,  went  out  for  a  short  time.  A 
sore  throat  and  hoarseness  convinced 
him  that  he  had  taken  a  violent  cold, 
but  he  apprehended  no  serious  results 
from  it,  and  having  spent  the  evening 
with  his  family,  retired  at  his  usual 
hour. 

In  the  night  he  became  suddenly 
and  rapidly. worse,  and  was  seized  with 
a  severe  inflammation  of  the  wind-pipe. 
The  disease  commenced  with  a  violent 
ague,  accompanied  with  some  pain  in 
the  upper  and  fore  part  of  the  throat, 
a  sense  of  stricture  in  the  same  part,  a 
cough,  and  a  difficult  deglutition,  which 
were  soon  succeeded  by  fever,  and  a 
quick  and  laborious  respiration.  At  his 


request,  some  twelve  or  fourteen  ounces 
of  blood  were  taken  from  his  arm,  by 
one  of  the  overseers ;  but  he  would  not 
permit  a  messenger  to  be  dispatched 
for  his  family  physician  until  the  ap 
pearance  of  day. 

About  eleven  in  the  morning  of  Sat 
urday,  the  14th,  Dr.  Craik  arrived  from 
Alexandria,  and,  alarmed  by  the  symp 
toms  of  his  illustrious  patient,  begged 
that  he  might  have  the  advantage 
of  consulting  with  the  physicians,  Dr. 
Brown,  and  Dr.  Dick,  who  resided 
nearer  Mount  Vernon.  Various  reme 
dies  were  proposed  and  tried ;  the  best 
skill  of  the  gentlemen  present  was  de 
voted  to  the  case ;  but  every  thing  was 
in  vain.  His  sufferings  were  acute  and 
unabated  through  the  day,  and  it  was 
evident  that  he  was  sinking  under  the 
severity  of  the  attack. 

From  the  very  first,  Washington  was 
convinced  that  this  was  his  last  sickness, 
and  he  submitted  to  the  prescriptions 
of  the  physicians  rather  from  a  sense 
of  duty  than  from  any  expectation  of 
relief.  Towards  evening  he  undressed 
himself  and  went  to  bed,  remarking, 
after  much  effort,  to  Dr.  Craik,  who  was 
holding  his  head,  "  I  die  hard,  doctor ; 
but  I  am  not  afraid  to  die.  My  breath 
cannot  last  long."  With  the  greatest 
difficulty  in  speaking,  he  thanked  the. 
physicians  for  their  kindness,  and  asked 
to  be  permitted  to  die  quietly  in  his 
bed.  Nothing  further  was  done,  and 
the  agonized  family  and  friends  waited 
the  hour  of  1m  departure.  Between  ten 
and  eleven  o'clock  at  night,  he  expired, 
in  the  sixty  eighth  year  of  his  age,  and 
in  the  full  possession  of  his  mental  fac 
ulties.  In  this  short  but  painful  illness, 


CH.  XII.] 


MARSHALL'S  SPEECH   IN   THE   HOUSE. 


475 


he  exhibited  a  bright  example  of  patient 
resignation ;  and  we  doubt  not,  from  the 
uniform  tenor  of  his  life,  though  he  gave 
utterance  to  no  expression  of  his  feelings 
at  the  time,  that  he  was  sustained  by 
the  faith  and  hope  of  the  Christian,  who 
lies  down  in  the  grave  in  the  confidence 
of  a  joyful  resurrection  at  the  last  day.* 

On  Wednesday,  the  18th  of  Decem 
ber,  his  remains,  attended  by  a  vast 
concourse  of  sorrowing  citizens,  and 
by  the  neighboring  military  companies, 
were  deposited,  with  all  the  solemnities 
of  religious  service,  in  the  family  tomb 
at  Mount  Vernou. 

And  thus  George  Washington  died, 
in  the  fulness  of  his  days,  quietly,  calm 
ly,  and  as  a  Christian  man  should  die. 
His  mission  was  accomplished ;  his  work 
was  done;  there  was  no  higher  honor 
that  he  could  receive  ;  there  was  noth 
ing  left  for  him  to  do,  but  to  die  as  he 
had  lived,  one  of  the  noblest,  most  up 
right,  purest-minded  heroes,  patriots, 
and  statesmen  with  which  God  has  ever 
been  pleased  to  bless  this  world  of  ours. 
His  death  only  was  needed,  to  render 
his  fame  imperishable  wherever  the 
light  of  Christian  civilization  has  dawn 
ed  upon  mankind. 


*  For  Mr.  Lear's  interesting  account  of  the  last  ill 
ness,  death,  and  funeral  of  Washington,  see  Sparks's 
"Life  of  Washington,'1'1  pp.  531-38.  In  respect  to 
Washington's  religious  character  and  convictions, 
there  can  be  no  doubt  that  he  was  truly  and  sin 
cerely  a  Christian.  Mr.  Jefferson,  we  know,  in  his 
"Anas"  (Works,  vol.  ix.,  p.  198,)  has  put  on  record 
a  slanderous  story  respecting  Washington,  claiming 
Gouverneur  Morris  as  authority  for  asserting  that 
the  father  of  his  country  was  no  more  a  Christian 
than  was  Jefferson  himself;  but  the  story  is  as  worth 
less  as  it  is  untrue.  See  Mr.  Sparks's  "  Life  of  Wash 
ington,"  pp.  518-525. 


1799. 


Congress  had  just  commenced  its  ses 
sion,  when  the  news  of  this  afflictive 
dispensation  reached  Philadelphia.  So 
brief  was  Washington's  illness,  that  the 
intelligence  of  his  death  preceded  that 
of  his  indisposition.  So  soon  as  it  be 
came  known  in  the  House,  a  motion  for 
adjournment  was  immediately  made. 
The  next  morning,  December 
19th,  John  Marshall,  the  inti 
mate  friend  of  the  illustrious  deceased, 
rose  in  his  place,  and  addressed  the 
speaker  in  an  eloquent  and  touching 
speech,  as  follows : 

"The  melancholy  event  which  was 
yesterday  announced  with  doubt,  has 
been  rendered  but  too  certain.  Our 
Washington  is  no  more ! .  The  hero, 
the  patriot,  and  the  sage  of  America ; 
the  man  on  whom,  in  times  of  danger 
every  eye  was  turned,  and  all  hopes 
were  placed;  lives  now  only  in  his  own 
great  actions,  and  in  the  hearts  of  an 
affectionate  and  afflicted  people. 

"If,  sir,  it  had  even  not  been  usual 
openly  to  testify  respect  for  the  memory 
of  those  whom  heaven  has  selected  as 
its  instruments  for  dispensing  good  to 
man,  yet  such  has  been  the  uncommon 
worth,  and  such  the  extraordinary  inci 
dents  which  have  marked  the  life  of 
him  whose  loss  we  all  deplore,  that  the 
whole  American  nation,  impelled  by  the 
same  feelings,  would  call  with  one  voice 
for  a  public  manifestation  of  that  sor 
row,  which  is  so  deep  and  so  universal. 

"  More  than  any  other  individual,  and 
as  much  as  to  one  individual  was  possi 
ble,  has  he  contributed  to  found  this  our 
wide-spreading  empire,  and  to  give  to 
the  western  world,  independence  and 
freedom. 


476 


THE  DEATH  AND   CHARACTER  OF  WASHINGTON. 


[BE.  IV. 


"  Having  effected  the  great  object  for 
which,  he  was  placed  at  the  head  of  our 
armies,  we  have  seen  him  convert  the 
sword  into  the  ploughshare,  and  sink 
the  soldier  into  the  citizen. 

"When  the  debility  of  our  federal 
system  had  become  manifest,  and  the 
bonds  which  connected  this  vast  conti 
nent  were  dissolving,  we  have  seen  him 
the  chief  of  those  patriots  who  formed 
for  us  a  Constitution,  which,  by  preserv 
ing  the  Union,  will,  I  trust,  substantiate 
and  perpetuate  those  blessings  which 
our  Revolution  had  promised  to  bestow. 

"In  obedience  to  the  general  voice 
of  his  country,  calling  him  to  preside 
over  a  great  people,  we  have  seen  him 
once  more  quit  the  retirement  he  loved, 
and  in  a  season  more  stormy  and  tem 
pestuous  than  war  itself,  with  calm  and 
wise  determination  pursue  the  true  in 
terests  of  the  nation,  and  contribute 
more  than  any  other  could  contribute, 
to  the  establishment  of  that  system  of 
policy  which  will,  I  trust,  yet  preserve 
our  peace,  our  honor,  and  our  indepen 
dence. 

"  Having  been  twice  unanimously 
chosen  the  chief  magistrate  of  a  free 
people,  we  have  seen  him,  at  a  time 
when  his  re-election  with  universal  suf 
frage  could  not  be  doubted,  afford  to 
the  world  a  rare  instance  of  moderation, 
by  withdrawing  from  his  station  to  the 
peaceful  walks  of  private  life. 

"  However  the  public  confidence  may 
change,  and  the  public  affections  fluctu 
ate,  with  respect  to  him  they  have,  in 
war  and  in  peace,  in  public  and  in  priv 
ate  life,  been  as  steady  as  his  own  firm 
mind,  and  as  constant  as  his  own  exalt 
ed  virtues. 


"  Let  us  then,  Mr.  Speaker,  pay  the 
last  tribute  of  respect  and  affection  to 
our  departed  friend.  Let  the  grand 
council  of  the  nation  display  those  sen 
timents  which  the  nation  feels.  For 
this  purpose  I  hold  in  my  hand  some 
resolutions  which  I  take  the  liberty  of 
offering  to  the  House. 

"  Resolved,  That  this  House  will  wait 
on  the  President,  in  condolence  of  this 
mournful  event. 

"  Resolved,  That  the  speaker's  chair 
be  shrouded  with  black,  and  that  the 
members  and  officers  of  the  House  wear 
black  during  the  session. 

"  Resolved,  That  a  committee,  in  con 
junction  with  one  from  the  Senate,  be 
appointed  to  consider  on  the  most  suit 
able  manner  of  paying  honor  to  the 
memory  of  the  MAN,  first  in  war,  first 
in  peace,  and  first  in  the  hearts  of  his 
countrymen." 

The  Senate  of  the  United  States,  on 
the  23d  of  December,  addressed  to  the 
president  a  letter  in  these  words : 

"The  Senate  of  the  United  States 
respectfully  take  leave,  sir,  to  express 
to  you  their  deep  regret  for  the  loss 
their  country  sustains  in  the  death  of 
General  GEOKGE  WASHINGTON. 

"This  event,  so  distressing  to  all  our 
fellow-citizens,  must  be  peculiarly  heavy 
to  you,  who  have  long  been  associated 
with  him  in  deeds  of  patriotism.  Per 
mit  us,  sir,  to  mingle  our  tears  with 
yours.  On  this  occasion  it  is  manly  to 
weep.  To  lose  such  a  man,  at  such  a 
crisis,  is  no  common  calamity  to  the 
world.  Our  country  mourns  a  father. 
The  Almighty  Disposer  of  human 
events,  has  taken  from  us  our  greatest 
benefactor  and  ornament.  It  becomes 


CH.  XII.] 


ADAMS'S   LETTER  TO  THE  SENATE. 


477 


us  to  submit  with  reverence  to  HIM, 
'  who  maketh  darkness  his  pavillion.' 

"  With  patriotic  pride  we  review  the 
life  of  our  WASHINGTON,  and  compare 
him  with  those  of  other  countries  who 
have  been  pre-eminent  in  fame.  An 
cient  and  modern  times  are  diminished 
before  him.  Greatness  and  guilt  have  too 
often  been  allied ;  but  Ms  fame  Is  whiter 
than  it  is  brilliant.  The  destroyers  of 
nations  stood  abashed  at  the  majesty 
of  Ms  virtues.  It  reproved  the  intem 
perance  of  their  ambition,  and  darken 
ed  the  splendor  of  victory.  The  scene 
is  closed,  and  we  are  no  longer  anxious 
lest  misfortune  should  sully  his  glory; 
he  has  travelled  on  to  the  end  of  his 
journey,  and  carried  with  him  an  in 
creasing  weight  of  honor ;  he  has  depos 
ited  it  safely  where  misfortune  cannot 
tarnish  it — where  malice  cannot  blast 
it.  Favored  of  heaven,  he  departed 
without  exhibiting  the  weakness  of 
humanity.  Magnanimous  in  death,  the 
darkness  of  the  grave  could  not  obscure 
his  brightness. 

"  Such  was  the  man  whom  we  deplore. 
Thanks  to  God  his  glory  is  consum 
mated.  Washington  yet  lives  on  earth 
in  his  spotless  example — his  spirit  is  in 
Heaven. 

"  Let  his  countrymen  consecrate  the 
memory  of  the  heroic  general,  the  pat 
riotic  statesman,  and  the  virtuous  sage. 
Let  them  teach  their  children  never  to 
forget,  that  the  fruits  ,of  his  labors  and 
his  example  are  tlieir  inheritance? 

To  this  address,  the  president,  on  the 
same  day,  returned  the  following  an 
swer  : 

"  I  receive  with  the  most  respectful 
and  affectionate  sentiments,  in  this  im- 
VOL.  II.— 60 


pressive  address,  the  obliging  expres 
sions  of  your  regret  for  the  loss  our 
country  has  sustained  in  the  death  of 
her  most  esteemed,  beloved,  and  ad 
mired  citizen. 

"In  the  multitude  of  my  thoughts 
and  recollections  on  this  melancholy 
event,  you  will  permit  me  to  say,  that 
I  have  seen  him  in  the  days  of  ad 
versity,  in  some  of  the  scenes  of  his 
deepest  distress,  and  most  trying  per 
plexities.  I  have  also  attended  him  in 
his  highest  elevation,  and  most  pros 
perous  felicity;  with  uniform  admira 
tion  of  his  wisdom,  moderation  and 
constancy. 

"Among  all  our  original  associates 
hi  that  memorable  league  of  this  conti 
nent,  in  1*774,  which  first  expressed  the 

SOVEREIGN   WILL   OF  A    FREE   NATION   IN 

AMERICA,  he  was  the  only  one  remain 
ing  in  the  general  government.  Al 
though  with  a  constitution  more  en 
feebled  than  his,  at  an  age  when  he 
thought  it  necessary  to  prepare  for 
retirement,  I  feel  myself  alone,  bereaved 
of  my  last  brother,  yet  I  derive  a  strong 
consolation  from  the  unanimous  dispo 
sition  which  appears,  in  all  ages  and 
classes,  to  mingle  their  sorrows  with 
mine,  on  this  common  calamity  to  the 
world. 

"  The  life  of  our  WASHINGTON  cannot 
suffer  by  a  comparison  with  those  of 
other  countries  who  have  been  most 
celebrated  and  exalted  by  fame.  The 
attributes  and  decorations  of  royalty 
could  only  have  served  to  eclipse  the 
majesty  of  those  virtues  which  made 
him,  from  being  a  modest  citizen,  a 
more  resplendent  luminary.  Misfor 
tune,  had  he  lived,  could  hereafter  have 


478 


THE   DEATH  AND   CHARACTER  OF  WASHINGTON. 


[BK.  IV. 


sullied  liis  glory  only  with  those  super 
ficial  minds  who,  believing  that  char 
acter  and  actions  are  marked  by  suc 
cess  alone,  rarely  deserve  to  enjoy  it. 
Malice  could  never  blast  his  honor,  and 
envy  made  him  a  singular  exception  to 
her  universal  rule.  For  himself,  he 
had  lived  long  enough  to  life  and  to 
glory;  for  his  fellow-citizens,  if  their 
prayers  could  have  been  answered,  he 
would  have  been  immortal;  for  me, 
his  departure  is  at  a  most  unfortunate 
moment.  Trusting,  however,  in  the 
'wise  and  righteous  dominion  of  Provi 
dence  over  the  passions  of  men  and  the 
results  of  their  actions,  as  well  as  over 
their  lives,  nothing  remains  for  me  but 
humble  resignation. 

"  His  example  is  now  complete ;  and 
it  will  teach  wisdom  and  virtue  to 
magistrates,  citizens,  and  men,  not  only 
in  the  present  age,  but  in  future  gener 
ations,  as  long  as  our  history  shall  be 
read.  If  a  Trajan  found  a  Pliny,  a 
Marcus  Aurelius  can  never  want  biog 
raphers,  eulogists,  or  historians." 

The  committee  of  both  Houses  ap 
pointed  to  devise  the  mode  by  which 
the  nation  should  express  its  grief, 
reported,  on  the  23d,  the  following 
resolutions,  which  were  unanimously 
adopted. 

"  Resolved^  l>y  tlie  Senate  and  House 
of  Representatives  of  the  United  States 
of  America,  in  Congress  assembled, 
That  a  marble  monument  be  erected 
by  the  United  States,  in  the  Capitol  at 
the  city  of  Washington,  and  that  the 
family  of  General  Washington  be  re 
quested  to  permit  his  body  to  be  de 
posited  under  it;  and  that  the  monu 
ment  be  so  designed  as  to  commemo 


rate  the  great  events  of  his  military  and 
political  life. 

"  And  be  it  further  resolved,  That 
there  be  a  funeral  procession  from 
Congress  Hall,  to  the  German  Lutheran 
church,  in  memory  of  General  GEORGE 
WASHINGTON,  on  Thursday,  the  26th 
instant;  and  that  an  oration  be  pre 
pared  at  the  request  of  Congress,  to  be 
delivered  before  both  Houses  on  that 
day;  and  that  the  president  of  the 
Senate,  and  speaker  of  the  House  of 
Representatives,  be  desired  to  request 
one  of  the  members  of  Congress  to 
prepare  and  deliver  the  same. 

"  And  l>e  it  further  resolved,  That  it 
be  recommended  to  the  people  of  the 
United  States,  to  wear  crape  on  their 
left  arm,  as  mourning,  for  thirty  days. 

"  And  be  it  further  resolved,  That  the 
president  of  the  United  States  be  re 
quested  to  direct  a  copy  of  these  reso 
lutions  to  be  transmitted  to  Mrs.  Wash 
ington,  assuring  her  of  the  profound 
respect  Congress  will  ever  bear  for  her 
person  and  character;  of  their  condo 
lence  on  the  late  afflicting  dispensation 
of  Providence ;  and  entreating  her  as 
sent  to  the  interment  of  the  remains  of 
General  GEORGE  WASHINGTON,  in  the 
manner  expressed  in  the  first  resolution. 

"Resolved,  That  the  president  of  the 
United  States  be  requested  to  issue 
his  proclamation,  notifying  to  the  peo 
ple  throughout  the  United  States,  the 
recommendation  contained  in  the  third 
resolution." 

To  the  letter  of  President  Adams, 
which  transmitted  to  Mrs.  Washington 
the  resolutions  of  Congress,  that  she 
should  be  requested  to  permit  the  re 
mains  of  General  Washington  to  be 


Cn.  XII.] 


GENERAL    LEE'S    ORATION. 


479 


deposited  under  a  marble  monument, 
to  be  erected  in  the  city  of  Washington, 
she  replied,  early  in  January,  very  much 
in  the  style  and  manner  of  her  departed 
husband,  and  in  the  following  words — 
"  Taught  by  the  great  example  which 
I  have  so  long  had  before  me,  never  to 
oppose  my  private  wishes  to  the  public 
will,  I  must  consent  to  the  request 
made  by  Congress,  which  you  have  had 
the  goodness  to  transmit  to  me ;  and  in 
doing  this,  I  need  not,  I  cannot  say, 
what  a  sacrifice  of  individual  feeling  -I 
make  to  a  sense  of  public  duty."* 

The  ceremonies  connected  with  the 
funeral  of  Washington  were  solemn  and 
impressive.  A  procession,  consisting  of 
the  members  of  the  two  Houses,  public 
officers,  and  a  large  assemblage  of  citi 
zens,  moved  from  the  hall  of  Congress, 

*  "The  monument,  however,"  as  Marshall  states, 
"  has  not  been  erected.  That  the  great  events  of  the 
political  as  well  as  military  life  of  General  Washing 
ton  should  be  commemorated,  could  not  be  pleasing 
to  those  who  had  condemned,  and  who  continued  to 
condemn,  the  whole  course  of  his  administration. 
This  resolution,  although  it  passed  unanimously,  had 
many  enemies.  That  party  which  had  long  consti 
tuted  the  opposition,  and  which,  though  the  minor 
ity  for  the  moment,  nearly  divided  the  House  of  Rep 
resentatives,  declared  its  preference  for  the  Eques 
trian  statue  which  had  been  voted  by  Congress  at 
the  close  of  the  war.  The  division  between  a  statue 
and  a  monument  was  so  nearly  equal,  that  the  ses 
sion  passed  away  without  appropriation  for  either. 
The  public  feeling  soon  subsided,  and  those  who 
quickly  recovered  their  ascendancy  over  the  public 
sentiment,  employed  their  influence  to  draw  odium 
on  the  men  who  favored  a  monument ;  to  represent 
that  measure  as  a  part  of  a  general  system  to  waste 
the  public  money;  and  to  impress  the  idea  that  the 
only  proper  monument  to  the  memory  of  a  metfto- 
rious  citizen  was  that  which  the  people  would  erect 
in  their  affections.  A  man  who  professed  an  opinion 
in  favor  of  the  monument  was  soon  branded  with 
the  mark  of  an  anti-republican." — "  Life  of 
ton"  vol.  ii.,  p.  444. 


in  accordance  with  the  resolution  above 
quoted,  to  the  German  Lutheran  church, 
where  General  Henry  Lee  delivered  a 
discourse  appropriate  to  the  occasion. 
An  extract  or  two  will  not  be  out  of 
place  in  the  present  connection. 

"How,  my  fellow  citizens,  shall  I 
single  to  your  faithful  hearts  his  pre 
eminent  worth  ?  Where  shall  I  begin 
in  opening  to  your  view  a  character 
throughout  sublime  ?  Shall  I  speak  of 
his  warlike  achievements,  all  springing 
from  obedience  to  his  country's  will — 
all  directed  to  his  country's  good  ? 

Will  you  go  with  me  to  the  banks 
of  the  Monongahela,  to  see  our  youth 
ful  Washington  supporting,  in  the  dis 
mal  hour  of 'Indian  victory,  the  ill-fated 
Braddock,  and  saving,  by  his  judgment 
and  his  valor,  the  remains  of  a  defeated 
army,  pressed  by  the  conquering  savage 
foe  ?  Or  when,  oppressed  America  no 
bly  resolving  to  risk  her  all  in  defence 
of  her  violated  rights,  he  was  elevated 
by  the  unanimous  voice  of  Congress 
to  the  command  of  her  armies  ?  Will 
you  follow  him  to  the  high  grounds 
of  Boston,  where  to  an  undisciplined, 
courageous,  and  virtuous  yeomanry,  his 
presence  gave  the  stability  of  system, 
and  infused  the  invincibility  of  love  of 
country  ?  Or  shall  I  carry  you  to  the 
painful  scenes  of  Long  Island,  York 
Island,  and  New  Jersey,  when,  combat 
ing  superior  and  gallant  armies,  aided 
by  powerful  fleets,  and  led  by  chiefs 
high  in  the  roll  of  fame,  he  stood  the 
bulwark  of  our  safety,  undismayed  by 
disasters,  unchanged  by  change  of  for 
tune?  Or  will  you  view  him  in  the 
precarious  fields  of  Trenton,  where  deep 
gloom,  unnerving  every  arm,  reigned 


480 


THE   DEATH  AND   CHARACTER   OF  WASHINGTON. 


[BK.  IV. 


triumphant  through  our  thinned,  worn 
down,  unaided  ranks,  himself  unmoved  ? 
Dreadful  was  the  night.  It  was  about 
this  time  of  winter — the  storm  raged 
—the  Delaware  rolling  furiously  with 
floating  ice,  forbade  the  approach  of 
man.  Washington,  self-collected,  view 
ed  the  tremendous  scene.  His  coun 
try  called ;  unappalled  by  surrounding 
dangers,  he  passed  to  the  hostile  shore ; 
he  fought,  he  conquered.  The  morn 
ing  sun  cheered  the  American  world. 
Our  country  rose  on  the  event,  and  her 
dauntless  chief  pursuing  his  blow,  com 
pleted,  in  the  lawns  of  Princeton,  what 
his  vast  soul  had  conceived  on  the  shores 
of  the  Delaware. 

Thence  to  the  strong  grounds  of 
Morristown,  he  led  his  small  but  gallant 
band ;  and  through  an  eventful  winter, 
by  the  high  effort  of  his  genius,  whose 
matchless  force  was  measurable  only 
by  the  growth  of  difficulties,  he  held 
in  check  formidable  hostile  legions,  con 
ducted  by  a  chief  experienced  in  the 
arts  of  war,  and  famed  for  his  valor  on 
the  ever  memorable  Heights  of  Abra 
ham,  where  fell  Wolfe,  Montcalm,  and 
since,  our  much  lamented  Montgomery, 
all  covered  with  glory.  In  this  fortu 
nate  interval,  produced  by  his  masterly 
conduct,  our  fathers,  ourselves,  animated 
by  his  restless  example,  rallied  around 
our  country's  standard,  and  continued 
to  follow  her  beloved  chief  through  the 
various  and  trying  scenes  to  which  the 
destinies  of  our  Union  led. 

Who  is  there  that  has  forgotten  the 
vales  of  Brandywine — the  fields  of  Ger- 
mantown — or  the  plains  of  Monmouth  ? 
Everywhere  present,  wants  of  every 
kind  obstructing,  numerous  and  valiant 


armies  encountering,  himself  a  host,  he 
assuaged  our  sufferings,  limited  our  pri 
vations,  and  upheld  our  tottering  re 
public.  Shall  I  display  to  you  the 
spread  of  the  fire  of  his  soul,  by  re 
hearsing  the  praises  of  the  hero  of 
Saratoga,  and  his  much-loved  compeer 
of  the  Carolinas  ?  No ;  our  Washing 
ton  wears  not  borrowed  glory.  To 
Gates — to  Greene,  he  gave  without  re 
serve  the  applause  due  to  their  eminent 
merit ;  and  long  may  the  chiefs  of  Sar 
atoga  and  of  Eutaw  receive  the  grate 
ful  respect  of  a  grateful  people. 

Moving  in  his  own  orbit,  he  im 
parted  heat  and  light  to  his  most  dis 
tant  satellites ;  and  combining  the  phys 
ical  and  moral  force  of  all  within  his 
sphere,  with  irresistible  weight  he  took 
his  course,  commiserating  folly,  dis 
daining  vice,  dismaying  treason,  and 
invigorating  despondency;  until  the 
auspicious  hour  arrived,  when,  united 
with  the  intrepid  forces  of  a  potent  and 
magnanimous  ally,  he  brought  to  sub 
mission  the  since  conquerer  of  India; 
thus  finishing  his  long  career  of  military 
glory  with  a  lustre  corresponding  to 
his  great  name,  and  in  this  his  last  act 
of  war,  affixing  the  seal  of  fate  to  our 
nation's  birth. 

FlEST  IN  WAE,  FIEST  IN  PEACE,  AND 
FIRST  IN  THE  HEARTS  OF  HIS  COUNTRY 
MEN,  he  was  second  to  none  in  the  hum 
ble  and  endearing  scenes  of  private  life. 
Pious,  just,  humane,  temperate,  and  sin 
cere  ;  uniform,  dignified,  and  command 
ing  ;  his  example  was'  edifying  to  all 
around  him,  as  were  the  effects  of  that 
example  lasting. 

To  his  equals  he  was  condescending ; 


CH.  XII.] 


WASHINGTON'S    NOBLENESS    AND    EXCELLENCE. 


481 


to  liis  inferiors  kind ;  and  to  the  dear 
object  of  his  affections  exemplarily  ten 
der.  Correct  throughout,  vice  shud 
dered  in  his  presence,  and  virtue  always 
felt  his  fostering  hand ;  the  purity  of 
his  private  character  gave  effulgence  to 
his  public  virtues. 

liis  last  scene  comported  with  the 
whole  tenor  of  his  life.  Although  in  ex 
treme  pain,  not  a  sigh,  not  a  groan  escaped 
him ;  and  with  undisturbed  serenity 
he  closed  his  well-spent  life.  Such  was 
the  man  America  has  lost !  Such  was 
the  man  for  whom  our  nation  mourns !" 

Everywhere,  throughout  the  length 
and  breadth  of  the  land,  the  people 
mourned  "  with  a  great  and  very  sore 
lamentation,"  for  the  death  of  Wash 
ington.  This  mourninor  was  manifested 

O  O 

by  every  token  which  could  indicate 
the  sentiments  and  feelings  of  Ameri 
cans.  Orators,  divines,  journalists,  in 
short  all  who  could  write  or  speak, 
responded  to  the  general  voice  of  the 
country,  and  employed  their  talents  to 
solemnize  the  event,  and  to  honor  the 
memory  of  the  great  and  the  good 
George  Washington.  It  was  meet,  that 
the  close  of  one  century  should  be 
marked  by  the  death  of  the  noblest 
patriot  and  statesman  which  it  had  pro 
duced,  and  that  another  should  com 
mence  filled  with  his  glorious  memory, 
and  with  the  elevating  example  which 
he  set,  not  for  his  countrymen  only,  but 
for  all  time  and  for  all  people. 

In  attempting  to  express  in  words  an 
adequate  conception  of  the  character 
of  Washington,  we  feel  how  poor  and 
weak  is  all  language,  at  our  command, 
to  enable  us  to  do  justice  to  the  vener 
ation  and  love  with  which  the  millions 


of  Americans  regard  the  father  of  his 
country.  The  purest  patriots,  the  great 
est  orators,  the  most  gifted  statesmen, 
the  profoundest  judges  of  human  kind, 
have  essayed  to  portray  the  character 
of  Washington.  John  Marshall,  Fisher 
Ames,  David  Ramsay,  Jared  Sparks, 
Daniel  Webster,  John  M.  Mason,  J.  K. 
Paulding,  Edward  Everett,  Washing 
ton  Irving,  and  such  like,  have  poured 
forth  from  their  rich  and  varied  stores, 
loving  tributes  to  the  memory  of  Wash 
ington.  At  home  and  abroad,  the  words 
of  reverential  homage  and  admiration 
have  been  uttered,  and  the  character  and 
career  of  Washington  have  been  exam 
ined  with  a  fulness,  an  exactness,  and  an 
analytical  skill,  rarely,  if  ever,  bestowed 
upon  any  other  man.*  It  would 'hence 
be  vain,  perhaps  presumptuous,  for  us  to 
hope  to  present  any  thing  on  this  subject 
which  has  not  already  been  said  much 
better  than  it  would  be  possible  for  us  to 
express  it.  We  shall  not  attempt  so  fruit 
less  a  task.  We  shall  rather  seek  the 
reader's  profit  as  well  as  his  gratification 
by  quoting  from  the  admirable  "  Studies 
of  Character"  of  Mr.  Henry  T.  Tucker- 
man,  a  gentleman  who  ranks  second  to 
none  in  the  higher  walks  of  the  bio 
graphical  and  critical  essayist. 

By  Mr.  Tuckerman's  cordial  permis 
sion,  we  are  at  liberty  to  extract  freely 
from  his  very  able  analysis  and  clear 
exposition  of  the  deep  significance,  the 

*  In  the  Appendix  to  the  present  chapter  we  give 
Chief  Justice  Marshall's  summing  up  of  the  character 
of  Washington ;  a  very  admirably  written  Obituary 
of  Washington,  from  a  London  newspaper,  January, 
1800 ;  and  an  extract  from  Dr.  J.  M.  Mason's  Funeral 
Oration  on  Washington,  delivered  February  22d, 
1800.  See  "  Works  of  Dr.  John  M.  Mason,"  vol.  iv., 
pp.  477-96. 


482 


[BK.   IV. 


beauty,  and  the  grandeur  of  Washing 
ton's  life  and  career. 

"  The  memory  of  Washington  is  the 
highest  and  most  precious  of  national 
blessings,  and  as  such,  cannot  be  ap 
proached,  by  artist  or  author,  without 
reverence.  To  pervert  the  traits  or  mar 
the  unity  of  such  a  character  is  to  wrong, 
not  only  his  sacred  memory,  but  the 
dearest  rights  of  his  countrymen.  .  .  . 
1  You  have  George  the  Surveyor,'  said 
Carlyle,  in  his  quaint  way,  to  an  Amer 
ican,  when  talking  of  heroes.  Never 
had  that  vocation  greater  significance. 
It  drew  the  young  Virginian  uncon 
sciously  into  the  best  education  possible 
in  a  new  country  for  a  military  life. 
He  was  thereby  practised  in  topogra 
phical  observation ;  inured  to  habits  of 
keen  local  study ;  made  familiar  with 
the  fatigue,  exposure,  and  expedients, 
incident  to  journeys  on  foot  and  horse 
back,  through  streams  and  thickets, 
over  mountains  and  marshes ;  taught  to 
accommodate  himself  to  limited  fare, 
strained  muscles,  the  bivouac,  the 
woods,  the  seasons,  self-dependence,  and 
effort.  This  discipline  inevitably  train 
ed  his  perceptive  faculties,  and  made 
him  the  accurate  judge  he  subsequently 
became,  of  the  capabilities  of  land,  from 
its  position,  limits,  and  quality  for  agri 
cultural  and  warlike  purposes.  A  love 
of  field-sports,  the  chief  amusement  of 
the  gentry  in  the  Old  Dominion,  and 
the  oversight  of  a  plantation,  were  fa 
vorable  to  the  same  result.  Life  in  the 
open  air,  skilful  horsemanship,  and  the 
use  of  the  rifle,  promoted  habits  of 
manly  activity.  To  a  youth  thus  bred 
in  the  freedom  and  salubrity  of  a  rural 
home,  we  are  disposed  to  attribute,  in 


no  small  degree,  the  noble  development 
of  Washington.  How  naturally  frank 
courage  is  fostered  by  such  influences 

all  history  attests In  a 

word,  the  interest  in  crops  and  herds, 
in  woodland  and  upland,  the  excite 
ment  of  deer-shooting,  the  care  of  a  ru 
ral  domain,  and  the  tastes,  occupations, 
duties,  and  pleasures  of  an  intelligent 
agriculturist,  tend  to  expand  and  con 
serve  what  is  best  in  human  nature, 
which  the  spirit  of  trade  and  the  com 
petition  of  social  pride  are  apt  to  dwarf 
and  overlay.  Auspicious,  therefore, 
were  the  influences  around  the  child 
hood  and  youth  of  Washington,  inas 
much  as  they  left  his  nature  free,  iden 
tified  him  with  the  most  inartificial  of 
human  pursuits,  and  nursed  his  physi 
cal  while  they  left  unperverted  his 
moral  energies.  He  became  attached 
to  the  kind  of  life  of  which  Burke  and. 
Webster  were  so  enamored,  that  they 
ever  turned  with  alacrity  from  the 
cares  of  state  to  flocks  and  grain,  plant 
ing  and  reaping,  the  morning  hunt  and 
the  midsummer  harvest.  There  would 
seem  to  be  a  remarkable  affinity  be 
tween  the  charms  of  occupations  like 
these  and  the  comprehensive  and  bene 
ficent  mission  of  the  patriotic  statesman. 
To  draw  near  the  heart  of  nature,  to 
become  proficients  in  the  application  of 
her  laws,  to  be,  as  it  were,  her  active 
coadjutor,  has  in  it  a  manliness  of  aim, 
and  a  refreshing  contrast  to  the  weari 
some  anxieties  of  political  life,  and  the 
sordid  absorption  of  trade,  which  charms 
such  noble  minds,  and  is  their  best 
resource  at  once  for  pastime  and  utility. 
There  were,  too,  in  that  thinly  peo 
pled  region  over  which  impends  the 


CH.  XII.] 


WASHINGTON'S    LIFE-TRAINING. 


483 


Blue  Ridge,  beside  the  healthful  free 
dom  of  nature,  positive  social  elements 

at  work The  society  of 

Lord  Fairfax,  who,  in  the  wilds  of  Vir 
ginia,  emulated  the  courteous  splendor 
of  baronial  life  in  England,  the  missions 
upon  which  he  was  sent  by  the  gover 
nor  of  the  state,  combining  military, 
diplomatic,  and  surveying  duties,  and 
especially  the  acquaintance  he  gained 
with  European  tactics  in  the  disastrous 
campaign  of  Braddock, — all  united,  to 
prepare  him  for  the  exigencies  of  his 
future  career;  so  that,  in  early  man 
hood,  with  the  athletic  frame  of  a 
hunter  and  surveyor,  the  ruddy  health 
of  an  enterprising  agriculturist,  the 
vigilant  observation  of  a  sportsman  and 
border  soldier,  alike  familiar  with  In 
dian  ambush,  the  pathless  forest,  fresh 
ets  and  fevers,  he  had  acquired  the  tact 
of  authority,  the  self-possession  that 
peril  can  alone  teach,  the  dignified 
manners  of  a  man  of  society,  the  firm 
bearing  of  a  soldier,  aptitude  for  affairs, 
and  cheerfulness  in  privation.  To  the 
keen  sense  of  honor,  the  earnest  fidelity, 
the  modesty  of  soul  and  strength  of 
purpose  which  belonged  to  his  nature, 
the  life  of  the  youth  in  his  native  home, 
the  planter,  the  engineer,  the  embassa- 
dor,  the  representative,  the  gentleman, 
and  the  military  leader,  had  thus  given 
to  these  instinctive  traits,  a  harmony 
and  a  scope  which  already,  to  discrimi 
nating  observers,  indicated  his  future 
genius  for  public  life  and  national  ser 
vices. 

During  these  first  years  of  public 
duty  and  private  enterprise,  it  is  re 
markable  that  no  brilliant  achievement 
served  to  encourage  those  latent  mili 


tary  aspirations  which  lurked  in  his 
blood.  Braddock  scorned  his  advice. 
Governor  Dinwiddie  failed  to  recognize 
his  superior  judgment ;  and  he  reached 
Fort  Duquesne  only  to  find  it  aban 
doned  by  the  enemy.  To  clear  a  swamp, 
lay  out  a  road  through  the  wilderness, 
guide  to  safety  a  band  of  fugitives,  sur 
vey  faithfully  the  Shenandoah  valley, 
treat  effectively  with  Indians,  and  cheer 
a  famished  garrison,  were  indeed  ser 
vices  of  eminent  utility ;  but  it  was  only 
indirectly  that  they  were  favorable  to 
his  renown,  and  prophetic  of  his  supe 
riority.  His  apparently  miraculous  es 
cape  from  bullets,  drowning,  and  the 
ravages  of  illness,  called  forth,  indeed, 
the  recognition  of  a  Providential  care 
suggestive  of  future  usefulness ;  but  the 
perplexities  growing  out  of  ill-defined 
relations  between  crown  and  provincial 
officers,  the  want  of  discipline  in  troops, 
the  lack  of  adequate  provision  for  the 
emergencies  of  public  service,  reverses, 
defeats,  physical  and  moral  emergencies, 
thus  early  so  tried  the  patience  of 
Washington  by  a  long  endurance  of 
care,  disappointment,  and  mortification, 
unredeemed  by  the  glory  which  is  wont 
to  attend  even  such  martyrdom,  that 
he  cheerfully  sought  retirement,  and 
was  lured  again  to  the  field  only  by  the 
serious  danger  which  threatened  his 
neighbors,  and  the  prompting  of  abso 
lute  duty.  The  retrospect  of  this  era 
of  his  life  derives  significance  and  in 
terest  from  subsequent  events.  We 
cannot  lookfback,  as  he  must  often  have 
done  from  the  honorable  retreat  of  his 
age,  without  recognizing  the  prepara 
tory  ordeal  of  his  career  in  his  youth 
and  early  manhood,  wherein  he  expe- 


484 


THE    DEATH    AND    CHARACTER    OF    WASHINGTON. 


[BK.  IV, 


rienced,  alternately,  the  solace  of  do 
mestic  comfort  and  the  deprivations  of 
a  border  campaign,  the  tranquil  respec 
tability  of  private  station,  and  the  re 
sponsibility  of  anxious  office,  the  prac 
tice  of  the  camp  and  the  meditations 
of  the  council,  the  hunt  with  gentle 
men  and  the  fight  with  savages,  the 
safe  and  happy  hospitality  of  a  refined 
circle  and  forest  life  in  momentary  ex 
pectation  of  an  ambush.  Through  all 
these  scenes,  and  in  each  situation,  we 
see  him  preserving  perfect  self-control, 
loyal  to  every  duty,  as  firm  and  cheer 
ful  amid  the  bitter  ordeal  at  Fort  Ne 
cessity,  as  when  riding  over  his  domain 
on  a  summer  morning,  or  shooting  game 
on  the  banks  of  the  Potomac,  ready  to 
risk  health,  to  abandon  ease,  to  forego 
private  interests,  with  a  public  spirit 
worthy  of  the  greatest  statesman,  yet 
scrupulous,  methodical,  and  considerate 
in  every  detail  of  affairs  and  position, 
whether  as  a  host,  a  master,  a  guardian, 
a  son,  a  husband,  as  a  member  of  a 
household  or  a  legislator,  as  a  leader 
of  a  regiment  or  agent  of  a  survey ;  and 
so  highly  appreciated  was  he  for  this 
signal  fidelity  within  his  then  limited 
sphere,  that  his  opinion  in  the  social 
discussion,  his  brand  on  tobacco,  his 
sign-manual  to  a  chart,  his  report  to  a 
superior,  and  his  word  of  advice  or  of 
censure  to .  a  dependent,  bore  at  once 
and  forever  the  sterling  currency  and 
absolute  meaning  which  character  alone 
bestows.  In  this  routine  of  duty  and 
vicissitude  under  these  varied  circum 
stances,  in  the  traits  they  elicited,  and 
the  confidence  they  established,  it  is 
impossible  not  to  behold  a  school  often 
severe,  yet  adequately  instructive,  and 


a  gradual  influence  upon  the  will,  the 
habits,  and  the  disposition  of  Washing 
ton,  which  laid  the  foundation,  deep, 
broad,  and  firm,  of  his  character,  and 
confirmed  the  principles  as  well  as  the 
aptitudes  of  his  nature. 

So  intimately  associated  in  our 
minds  is  the  career  of  Washington  with 
lofty  and  unsullied  renown,  that  it  is 
difficult  to  recall  him  as  divested  of 
the  confidence  which  his  fame  insured. 
We  are  apt  to  forget,  that  when  he 
took  command  of  the  army  his  person 
was  unfamiliar  and  his  character  inade 
quately  tested  to  the  public  sense  ;  offi 
cers  who  shared  his  councils,  comrades 
in  the  French  war,  neighbors  at  Mount 
Vernon,  the  leading  men  of  his  native 
state,  and  a  few  statesmen  who  had 
carefully  informed  themselves  of  his 
antecedent  life  and  private  reputation, 
did  indeed  well  appreciate  his  integrity, 
valor,  and  self-respect ;  but  to  the  ma 
jority  who  had  enlisted  in  the  imminent 
struggle,  and  the  large  number  who 
carefully  watched  its  prospects,  before 
committing  either  their  fortunes  or  their 
honor,  the  elected  chief  was  a  stranger ; 
nor  had  he  that  natural  facility  of 
adaptation  OT  those  conciliating  man 
ners  which  have  made  the  fresh  leader 
of  troops  an  idol  in  a  month,  nor  the 
diplomatic  courtesy  that  wins  political 

allies In  our  view,  no 

period  of  his  life  is  more  affecting  than 
the  early  mouths  of  his  command,  when 
his  prudence  was  sneered  at  by  the 
ambitious,  his  military  capacity  dis 
trusted  even  by  his  most  intimate 
friend,  and  his  'masterly  inactivity' 
misinterpreted  by  those  who  awaited 
his  signal  for  action.  The  calm  remon- 


Cu.  XII.] 


WASHINGTON'S    COMPLETENESS. 


485 


stnmce,  the  inward  grief,  the  exalted 
magnanimity,  which  his  tetters  breathe, 
at  this  crisis,  reveal-  a  heroism  of  soul 
not  surpassed  in  any  subsequent  achieve 
ment.  No  man  ever  'illustrated  more 
nobly  the  profound  truth  of  Milton's 
sentiment,  '  They  also  serve  who  only 
stand  and  wait.'  His  was  not  simply 
the  reticence  of  a  soul  eager  for  enterr 
prise,  the  endurance  of  a  forced  passiv 
ity,  with  vast  peril  and  glorious  possi 
bilities,  the  spur  of  necessity,  the  thirst 
for  glory  and  the"  readiness  for  sacrifice, 
stirring  every  pulse  and  bracing  every 
nerve ;  but  it  was  his  part  to  '  stand 
and  wait'  in  the  midst  of  the  gravest 
perplexities,  in  the  face  of  an  expectant 
multitude,  with  a  knowledge  of  circum 
stances  that  justifies  the  'hope  delayed,' 
and  without  the  sympathy  which  alle 
viates  the  restless  pain  of  '  hope  de 
ferred,'  to  '  stand  and  wait'  before  the 
half-averted  eye  of  the  loyal,  the  gibes 
of  a  powerful  enemy,  the  insinuations 
of  factious  comrades, — with  only  con 
scious  rectitude  and  trust  in  Heaven  for 
support.  How,  in  his  official  corre 
spondence,  did  Washington  hush  the 
cry  of  a  wounded  spirit,  how  plaintively 
it  half  escapes  in  the  letter  of  friendship ; 
and  how  singly  does  he  keep  his  gaze 
on  the  great  cause,  and  dash  aside  the 
promptings  of  self-love,  in  the  large 
cares  and  impersonal  interests  of  a 
country,  not  yet  sensible  of  its  infinite 
need  of  him  and  of  its  Own  injustice  ! 

-  As  we  ponder  the  latest  record  of 
his  life,  its  method  and  luminous 
order  excite  a  new  conviction  of  the 
wonderful  adaptation  of  the  man  to 
the  exigency;  and  it  is  one  of  the 

VOL.  II.— 61 


great  merits  of  the  work,  that  this  im 
pressive  truth  is  more*  distinctly  re 
vealed  by  its  pages -than  ever  before. 
Not  a  trait  of  character  but  has  especial 
reference  to  some  emergency ;  the  very 
faults  of  manner,  as  crude  observers 
designate  them,  contribute  to  the  influ 
ence  and  thereby  to  the -success  of  the 
commander-in-chief.  A  man  of  sterner 
ambition  would  have  risked  all  on 
some  desperate  encounter ;  a  man  of 
less  self-respect  would  have  perilled  his 
authority,  where  military  discipline  was 
so  imperfect,  in  attempts  at  concilia 
tion  ;  a  man  of  less  solid  and  more 
speculative  mind  would  have  compro 
mised  his  prospects  by  inconsiderate 
arrangements ;  one  less  disinterested 
would  have  abandoned  the  .cause'from 
wounded  self-love,  and  one  less  firm, 
from  impatience  and  dismay ;  a  man 
whose  life  and  motives  could  not  bear 
the  strictest  scrutiny  would  soon  have 
forfeited  confidence  ;  and  moral  consis 
tency  and  elevation  could  alone  have 
fused  the  discordant  element  and  con 
centrated  the  scattered  sprit  of  the 
people.  Above  all,  the  felicitous  bal 
ance  of  qualities,  through  which  a 
moderation  almost  superhuman,  and 
never  so  essential  to  the  welfare  of  a 
cause,  stamped  the  man  for  the  mission. 
Not  more  obviously  was  the  character 
of  Moses  adapted  to  that  of  primeval 
law-giver  for  the  chosen  people,  not 
more  clearly  do  the  endowments  of 
Dante  signalize  him  as  the  poet  or 
dained  to  bridge  with  undying  song  the 
chasm  of  time  which  separates  the  Mid 
dle  Age  from  modern  civilization,  than 
the  mind,  the  manner,  the  disposition, 
the  physical  and  spiritual  gifts,  and  tiie 


486 


THE    DEATH    AND    CHARACTER    OF    WASHINGTON. 


[BK.  IV. 


principles  of  Washington,  proclaimed 
him  the  heaven-appointed  chief,  magi 
strate,  man  of  America.  In  the  very 
calmness  and  good  sense,  the  practical 
tone  and  moderate  views  which  make 
him  such  a  contrast  to  the  world's  he 
roes,  do  we  behold  the  evidence  of  this. 
What  does  he  proclaim  as  the  reward 
of  victory?  'The  opportunity  to  be 
come  a  respectable  nation.'  Upon  what 
is  based  his  expectation  of  success  ?  '  I 
believe,  or  at  least  I  hope,  that  there  is 
public  virtue  enough  left  among  us,  to 
deny  ourselves  every  thing  but  the  bare 
necessaries  of  life  to  accomplish  this 
end.'  What  are  his  private  resources  ? 
'  As  I  have  found  no  better  guide  hither 
to  than  upright  intentions  and  close 
investigations,  I  shall  adhere  to  those 
maxims  while  I  keep  the  watch.'  This 
moderation  has  been  well  called  persuor 
sive,  and  this  well-regulated  mind  justly 
declared  '  born  to  command.'  His  re 
serve,  too,  was  essential  in  such  an  an 
omalous  condition  of  social  affairs.  Self- 
respect  is  the  keystone  of  the  arch  of 
character ;  and  it  kept  his  character  be 
fore  the  army  and  the  people,  his  brother 
officers  and  his  secret  foes,  the  country 
and  the  enemy, — firm,  lofty,  unassail 
able,  free,  authoritative, — like  a  planet, 
a  mountain,  a  rock,^-one  of  the  im 
mutable  facts  of  nature, — a  pharos  to 
guide,  a  sublimity  to  awe,  and  an  object 
of  unsullied  beauty  to  win,  by  the  force 
of  spontaneous  attraction.  It  is  his  dis 
tinction,  among  national  leaders,  as  has 
been  well  said  by  our  foremost  ethical 
writer,  to  have  been  '  the  centre  of  an 
enlightened  people's  confidence.' 

In  the  moral  world,  latent  energies 


are  the  most  vital.  If  Washington  had 
been  the  cold,  impassive  man  those 
whom  he  treated  objectively  declared 
him  to  be,  he  could  not  have  exercised 
the  personal  influence  which,  both  in 
degree  and  kind,  has  never  been  paral 
leled  by  merely  human  qualities.  It 
was  not  to  the  correct  and  faithful  but 
insensible  hero,  that  men  thus  gave 
their  veneration,  but  to  one  whose 
heart  was  as  large  and  tender  as  his 
mind  was  sagacious  and  his  will  firm ; 
the  study  of  whose  life  it  was  to  con 
trol  emotion ;  to  whom  reserve  was  the 
habit  inspired  by  a  sublime  prudence ; 
whose  career  was  one  of  action,  and 
over  whose  conscience  brooded  an  ever- 
present  sense  of  responsibility  to  God 
and  man,  to  his  country  and  his  race, 
which  encircled  his  anxious  brow  with 
the  halo  of  a  prophet  rather  than  the 
laurel  of  a  victor.  He  who  knelt  in 
tears  by  the  death-bed  of  his  step 
daughter,  who  wrung  his  hands  in  an 
guish  to  behold  the  vain  sacrifice  of 
his  soldiers,  who  threw  his  hat  on 
the  ground  in  mortification  at  their 
cowardly  retreat,  whose  face  mantled 
with  blushes  when  he  attempted  to  re 
ply  to  a  vote  of  thanks,  whose  lip 
quivered  when  obliged  to  say  farewell 
to  his  companions  in  arms,  who  em 
braced  a  brother  officer  in  the  tran 
sports  of  victory,  and  trembled  with 
indignation  when  he  rallied  the  troops 
of  a  faithless  subaltern, — he  could  have 
preserved  an  outward  calmness  only  by 
inward  conflict,  and  only  by  the  self- 
imposed  restraint  of  passion  exercised 
the  authority  of  principle.  When  the 
cares  of  public  duty  were  over,  and  the 
claims  of  official  dignity  satisfied,  the 


Cu.  XII.] 


WASHINGTON'S   GRAVITY. 


487 


affability  of  Washington  was  as  con 
spicuous  as  his  self-respect,  his  common 
sense  and  humane  sentiments  as  obvi 
ous  as  his  modesty  and  heroism.  The 
visitors  at  Mount  Vernon,  many  of 
whom  have  recorded  their  impressions, 
included  a  singular  variety  of  charac 
ters,  from  the  courtier  of  Versailles  to 
the  farmer  of  New  England,  and  from 
the  English  officer  to  the  Italian  artist ; 
and  it  is  remarkable,  that,  various  as 
are  the  terms  in  which  they  describe 
the  illustrious  host,  a  perfect  identity 
in  the  portrait  is  obvious. 

To  a  reflective  mind,  there  is  some 
thing  pathetic  in  the  gravity  so  often 
noticed  as  a  defect  in  Washington.  It 
foreshadowed,  in  his  youth,  the  great 
work  before  him,  and  it  testified,  in  his 
manhood,  to  the  deep  sense  of  its  obli 
gations.  It  betokened  that  earnestness 
of  purpose  wherein  alone  rested  the 
certainty  of  eventual  success.  It  was 
the  solemnity  of  thought  and  of  con 
science  ;  and  assured  the  people  that, 
aware  of  being  the  central  point  of 
their  faith,  the  expositor  of  their  noblest 
and  best  desires,  the  high-priest  of  na 
tional  duty,  it  was  not  with  the  com 
placency  of  a  proud  or  the  excitement  of 
a  vain,  but  with  the  awe  of  a  thorough 
ly  wise  and  honest  man,  that  he  felt  the 
mighty  trust  and  the  perilous  distinc 
tion.  Let  it  never  be  forgotten  that  it 
was  his  task  to  establish  a  grand  pre 
cedent,  untried,  unheralded,  unforeseen 
in  the  world.  Such  experiments,  in  all 
spheres  of  labor  and  of  study,  lead 
the  most  vivacious  men  to  think.  In 
science,  in  art,  and  in  philosophy  they 
breed  pale  and  serious  votaries.  Such 


an  ordeal  chastened  the  ardent  temper 
of  Luther,  knit  the  brow  of  Michael 
Angelo  with  furrows,  and  unnerved  the 
frame  of  the  starry  Galileo.  It  is  but 
a  pledge  of  reality,  of  self-devotion,  of 
intrepid  will,  therefore,  that  with  a 
long  and  arduous  struggle  for  national 
life  to  guide  and  inspire,  and  the  foun 
dations  of  a  new  constitutional  republic 
to  lay,  the  chief  and  the  statesman 
should  cease  even  to  smile,  and  grow 
pensive  and  stern  in  the  face  of  so  vast 
an  enterprise,  and  under  the  weight  of 
such  measureless  responsibilities. 

The  world  has  yet  to  understand 
the  intellectual  efficiency  derived  from 
moral  qualities, — how  the  candor  of  an 
honest  and  the  clearness  of  an  unper- 
verted  mind  attain  results  beyond  the 
reach  of  mere  intelligence  and  adroit 
ness, — how  conscious  integrity  gives 
both  insight  and  directness  to  mental 
operations,  and  elevation  above  the 
plane  of  selfish  motives  affords  a  more 
comprehensive,  and  therefore,  a  more 
reliable  view  of  affairs,  than  the  keen 
est  examination  based  exclusively  on 
personal  ability.  It  becomes  apparent 
when  illustrated  by  a  life  and  its  results, 
that  the  cunning  of  a  Talleyrand,  the 
military  genius  of  a  Napoleon,  the  fas 
cinating  qualities  of  a  Fox,  and  other 
similar  endowments  of  statesmen  and 
soldiers  are  essentially  limited  and  tem 
porary  in  their  influence ;  whereas  a 
good  average  intellect,  sublimated  by 
self-forgetting  intrepidity,  allies  itself 
forever  to  the  central  and  permanent 
interests  of  humanity.  The  mind  of 
Washington  was  eminently  practical ; 
his  perceptive  faculties  were  strongly 
developed ;  the  sense  of  beauty  and  the 


488 


THE  DEATH  AND   CHARACTER. OF   WASHINGTON. 


[Bs. 


pi  >wer  of  '  expression, — those  endow 
ments'  so  large  in  the  scholar  and  the 
poet,  were  the  least  active  in  his  nature ; 
but  the  observant  powers  whereby 
space  is  measured  at  a  glance,  and  phys 
ical  qualities  noted  correctly, — the  re 
flective  instincts  through  which  just 
ideas  of  facts  and  circumstances  are 
realized, — the  sentiment  of  order  which 
regulates  the  most  chaotic  elements  of 
duty  and  work,  thus  securing  dispatch 
and  precision";  the  openness  to  true  im 
pressions  characteristic  of  intellect  over 
which  the  visionary  tendencies  of  im 
agination  cast  no  delusion,  and  whose 
greatest  affinity  is  for  absolute  truth,— 
these  noble  and  efficient  qualities  emi 
nently  distinguished  his  mental  organi 
zation,  and  were  exhibited,  as  its  nor 
mal  traits,  from  childhood  to  a^e. '  To 

'  O 

them  we  refer  his  prescience  in  regard 
to  the  agricultural  promise  of  wild  tracts 
and  the  future  growth  of  localities,  the 
improvement  of  estate,  the  facilities  of 
communication,  the  adaptation  of  soils 
and  other  branches  of  economy.  "By 
means  of  them  he  read  character  with 
extraordinary  success.  They  led  him  to 
methodize  his  life  and  labors,  to  plan 
with  wisdom  and  execute  with  judg 
ment,  to  use  the  most  appropriate  terms 
in  conversation  and  writing,  to  keep  the 
most  exact  accounts,  to  seek  useful  infor 
mation  from  every  source,  to  weigh  pru 
dently  and  decide  firmly,  to  measure  his 
words  and  manner  with  singular  adapta 
tion  to  the  company  and  the  occasion,  to 
keep  tranquil  within  his  own  brain  per 
plexities,  doubts,  projects,  anxieties, 
cares,  and  hopes,  enough  to  bewilder 
the  most  capacious  intellect  and  to  sink 
the  boldest  heart.  His  mental  features 


beam  through  his  correspondence.  We 
use  the  term  advisedly,  notwithstand 
ing  the  formal  and  apparently  cold 
tenor  of  many  of  his  letters;  for  so 
grand  is  the  sincerity  of  purpose,  so 
magnanimous  the  spirit,  so  patient,  rev 
erent,  and  devoted  the  sentiment  un 
derlying  these  brief  and  unadorned 
epistles,  whether  of  business  or  courtesy, 
that  a  moral  glow, interfuses  their  plain 
and  direct  language, 'often  noble  enough 
to  awaken  a  thrill ;  and  with  that  latent 
pathos  that  starts  tears  in  the  reader 
of  genuine  moral  sensibility.  The  un 
consciousness  of  self,  the  consideration 
for  others,  the  moderation  in  success 
and  the  calmness  in  disaster,  the  grand 

'  O 

singleness  of  purpose,  the  heroic  self- 
reliance,  the  immaculate  patriotism, 
the  sense  of  God  and  humanity,  the 
wise,  fearless,  truthful  soul  that  is  thus 
revealed,  in  self-possessed  energy,  in  the 
midst  of  the  heaviest  responsibilities 
that  ever  pressed  on  mortal  heart,  with 
the  highest  earthly  good  in  view,  and 
the  most  complicated  .obstacles  around, 
serene,  baffled,  yet  never  overcome,  and 
never  oblivious  of  self-respect,  or  neg 
lectful  of  the  veriest  details  of  official 
and  personal  duty,  is  manifest  to  our 
consciousness  as  we  read,  and  we  seem 
to  behold  the  beniim  and  dignified 

O  O 

countenance  of  the  writer,  through  the 
transparent  medium  of  his  unpretend 
ing  letters.  Compare,  as  illustration's 
of  character  the  authenticity  of  which 
is  beyond  dispute,  the  correspondence 
of  Washington  with  that  of  Napoleon 
and  his  brother  Joseph,  recently  pub 
lished  at  Paris.  All  the  romance  of 
spurious  memoirs,  all  the  dazzling  pres 
tige  of  military  genius,  fail  to  obviate 


CH.  XII.] 


WASHINGTON'S   MORAL   SERENITY. 


489 


the  impression  the  emperor's  own  pen 
conveys,  in  the  honest  utterance  of  fra- 
ternal  correspondence,  of  an  obtuse 
egotism,  arrogant  self-will,  and  heartless 
ambition.  In  Washington's  letters, 
whether  expostulating,  in  the  name  of 
our  common  humanity,  with  Gage, 
striving  to  reconcile  Schuyler  to  the 
mortifications  of  a  service  he  threatened 
to  quit  in  disgust,  freely  describing  his 
own  trials  to  Reed,  pleading  with  Con 
gress  for  supplies,  directing  the  manage 
ment  of  his  estate  from  amid  the  gloomy 
cares  of  the  camp,  acknowledging  a 
gift  from  some  foreign  nobleman,  or  a 
copy  of  verses  from  poor  Phillis  Wheat- 
ley,  the  same  perspicuity  and  propriety, 
wisdom  and  kindliness,  self-respect  and 
remembrance  of  every  personal  obliga 
tion,  are  obvious. 


His   moral    serenity,  keeping  reflec 
tion  intact  and  forethought  vigilant,  is 

O  O 

nobly  manifested  in  the  deliberate  pro 
cess  through  which,  by  gradual  and 
therefore  earnest  conviction,  he  came 
to  a  decision  when  the  difficulties  be 
tween  the  mother  country  and  her 
colonies  were  pending.  Not  one  of  the 
leading  patriots  of  the  Revolution 
ranged  himself  under  its  banner  with 
more  conscientious  and  rational  motives. 
The  same  disposition  is  evident  in  his 
hesitation  to  accept  a  command  from 
that  self-distrust  which  in  variably  marks 
a  great  and  therefore  modest  soul ;  in 
his  subsequent  calmness  in  defeat  and 
sobriety  in  victory,  in  the  unexaggerated 
view  he  took  of  the  means,  and  his  dis 
interested  view  of  the  ends  of  the  ino- 
inentous  struggle,  in  the  humility  of 


spirit  with  which  he  assumed  the  reins 
of  government,  when  called  to  do  so 
by  the  popular  suffrage,  in  his  uniform 
deference  to  the  authority  of  all  repre 
sentative  assemblies,  in  the  prescient 
warnings  of  his  parting  address,  in  the 
unostentatious  and  simple  habits  that 
followed  him  into  retirement,  and  the 
unfaltering  trust  which  gave  dignity  to 
his  last  hour.  This  normal  characteris 
tic  of  his  nature,  this  beinsr  ever  'nobler 

O 

than  his  mood,'  is  what  pre-eminently 
distinguishes  him  from  the  galaxy  of 
patriots,  statesmen,  and  warriors  whose 
names  are  blazoned  in  history ;  the  co 
pious  rhetoric  of  modern  republicans, 
the  fiery  and  yet  often  compromised 
pride  of  Paoli,  the  selfish  instincts  of 
Marlborough,  the  heartless  ambition  of 
Napoleon,  were  never  long  concealed, 
even  from  the  eye  kindled  with  admi 
ration  at  their  prowess.  Washington 
seems  not  for  a  moment  to  have  for 
gotten  his  responsibility  to  God  or  his 
fellow-creatures ;  and  this  deep  senti 
ment  permeated  his  whole  nature, — 
proof  against  all  excitement,  illusion, 
and  circumstance.  When  he  overheard 
a  little  boy  exclaim,  as  the  procession 
in  his  honor  passed  through  the  streets, 
'Why,  father,  General  Washington  is 
only  a  man !'  the  illustrious  guest  paused 
in  his  triumphal  march,  looked  with 
thoughtful  interest  on  the  child  and, 

O 

patting  him  on  the  head,  replied, '  That's 
all,  my  little  fellow,  that's  all.'  lie 
was,  indeed,  one  of  the  few  heroes  who 
never  forgot  his  humanity,  its  relations, 
obligations,  dependence,  and  destiny; 
and  herein  was  at  once  his  safeguard 
and  his  glory. 


490 


THE  DEATH  AND    CHARACTER  OF   WASHINGTON. 


[BK.  IV. 


Is  not  the  absence  of  brilliant  men 
tal  qualities  one  of  the  chief  benefac 
tions  to  man  of  Washington's  example  ? 
He  conspicuously  illustrated  a  truth  in 
the  philosophy  of  life,  often  appreciated 
in  the  domestic  circle  and  the  intricacies 
of  private  society,  but  rarely  in  history, 
— the  genius  of  character,  the  absolute 
efficiency  of  the  will  and  the  sentiments, 
independently  of  extraordinary  intel 
lectual  gifts.  Not  that  these  were  not 
superior  also  in  the  man;  but  it  was 
through  their  alliance  with  moral  ener 
gy,  and  not  by  virtue  of  any  transcen 
dent  and  intrinsic  force  in  themselves, 
that  he  was  great.  It  requires  no  ana 
lytical  insight  to  distinguish  between 
the  traits  which  insured  success  and  re 
nown  to  Washington,  and  those  where 
by  Alexander,  Caesar,  and  Napoleon, 
achieved  their  triumphs ;  and  it  is  pre 
cisely  because  the  popular  heart  so 
clearly  and  universally  beholds  in  the 
American  hero  the  simple  majesty  of 
truth,  the  power  of  moral  consistency, 
the  beauty  and  grandeur  of  disinterest 
edness  and  magnanimity,  that  his  name 
and  fame  are  inexpressibly  dear  to  hu 


manity.  Never  before,  nor  since,  has 
it  been  so  memorably  demonstrated, 
that  unselfish  devotion  and  patient  self- 
respect  are  the  great  reconciling  princi 
ples  of  civic  as  well  as  of  social  and  do 
mestic  life ;  that  they  are  the  nucleus 
around  which  all  the  elements  of  na 
tional  integrity,  however  scattered  and 
perverted,  inevitably  crystallize ;  that 
men  thus  severely  true  to  themselves 
and  duty  become,  not  dazzling  meteors 
to  lure  armies  to  victory,  or  triumphant 
leaders  to  dazzle  and  win  mankind  to 
the  superstitious  abrogation  of  their 
rights ;  but  oracles  of  public  faith,  re 
presentatives  of  what  is  highest  in  our 
common  nature,  and  therefore  an  au 
thority  which  it  is  noble  and  ennobling 
to  recognize.  The  appellative  so  heart 
ily,  and  by  common  instinct,  bestowed 
upon  Washington,  is  a  striking  proof 
of  this ;  and  gives  a  deep  significance 
to  the  beautiful  idea,  that  '  Providence 
left  him  childless,  that  his  country 
might  call  him — Father.'  "* 

*  "ESSAYS,  Biographical  and  Critical,  or,  Studies 
of  Character"  by  Henry  T.  Tuckerman,  pp.  5-28. 


Cii.  XII.] 


MARSHALL'S   CHARACTER   OF   WASHINGTON. 


41  1 


APPENDIX    TO     CHAPTER    XII. 


I.  MARSHALL'S  CHARACTER  OF  WASHINGTON. 

GENERAL  WASHINGTON  was  rather  above  the 
common  size,  his  frame  was  robust,  and  his  consti 
tution  vigorous — capable  of  enduring  great  fatigue, 
and  requiring  a  considerable  degree  of  exercise 
for  the  preservation  of  his  health.  His  exterior 
created  in  the  beholder  the  idea  of  strength  united 
with  manly  gracefulness. 

His  manners  were  rather  reserved  than  free, 
though  they  partook  nothing  of  that  dry  ness  and 
sternness  which  accompany  reserve  when  carried 
to  an  extreme ;  and  on  all  proper  occasions,  he 
could  relax  sufficiently  to  show  how  highly  he  was 
gratified  by  the  charms  of  conversation  and  the 
pleasures  of  society.  His  person  and  whole  de 
portment  exhibited  an  unaffected  and  indescrib 
able  dignity,  unmingled  with  haughtiness,  of  which 
all  who  approached  him  were  sensible;  and  the 
attachment  of  those  who  possessed  his  friendship, 
and  enjoyed  his  intimacy,  was  ardent,  but  always 
respectful. 

His  temper  was  humane,  benevolent,  and  con 
ciliatory  ;  but  there  was  a  quickness  in  his  sensi 
bility  to  any  thing  apparently  offensive,  which 
experience  had  taught  him  to  watch,  and  to  cor 
rect. 

In  the  management  of  his  private  affairs  he  ex 
hibited  an  exact  yet  liberal  economy.  His  funds 
were  not  prodigally  wasted  on  capricious  and 
ill-examined  schemes,  nor  refused  to  beneficial 
though  costly  improvements.  They  remained 
therefore  competent  to  that  expensive  establish 
ment  which  his  reputation,  added  to  a  hospitable 
temper,  had  in  some  measure  imposed  upon  him  ; 
and  to  those  donations  which  real  distress  has  a 
right  to  claim  from  opulence. 

He  made  no  pretensions  to  that  vivacity  which 
fascinates,  or  to  that  wit  which  dazzles,  and  fre 
quently  imposes  on  the  understanding.  More 
solid  than  brilliant,  judgment,  rather  than  genius, 
constituted  the  most  prominent  feature  of  his 
character. 


Without  making  ostentatious  professions  of  re 
ligion,  he  was  a  sincere  believer  in  the  Christian 
faith,  and  a  truly  devout  man. 

As  a  military  man,  he  was  brave,  enterprising, 
and  cautious.  That  malignity  which  hiis  sought 
to  strip  him  of  all  the  higher  qualities  of  a 
general,  has  conceded  to  him  personal  courage, 
and  a  firmness  of  resolution  which  neither  dan 
gers  nor  difficulties  could  shake.  But  candor 
will  allow  him  other  great  and  valuable  endow 
ments.  If  his  military  course  does  not  abound 
with  splendid  achievements,  it  exhibits  a  series 
of  judicious  measures  adapted  to  circumstances, 
which  probably  saved  his  country. 

Placed,  without  having  studied  the  theory,  or 
been  taught  in  the  school  of  experience  the  prac 
tice  of  war,  at  the  head  of  an  undisciplined,  ill- 
organized  multitude,  which  was  impatient  of  the 
restraints,  and  unacquainted  with  the  ordinary 
duties  <if  a  camp,  without  the  aid  of  officers  pos 
sessing  those  lights  which  the  commander-in- 
chief  was  yet  to  acquire,  it  would  have  been  a 
miracle  indeed  had  his  conduct  been  absolutely 
faultless.  But,  possessing  an  energetic  and  dis 
tinguishing  mind,  on  which  the  lessons  of  expe 
rience  were  never  lost,  his  errors,  if  he  committed 
any,  were  quickly  repaired ;  and  those  measures 
which  the  state  of  things  rendered  most  advis 
able,  were  seldom,  if  ever,  neglected.  Inferior 
to  his  adversary  in  the  numbers,  in  the  equip 
ment,  and  in  the  discipline  of  his  troops,  it  is 
evidence  of  real  merit  that  no  great  and  decisive 
advantages  were  ever  obtained  over  him,  and  that 
the  opportunity  to  strike  an  important  blow 
never  passed  away  unused.  He  has  been  termed 
the  American  Fabius ;  but  those  who  compare 
his  actions  with  his  means,  will  perceive  at  least 
as  much  of  Marcellus  as  of  Fabius,  in  his  char 
acter.  He  could  not  have  been  more  enterpris 
ing,  without  endangering  the  cause  he  defended, 
nor  have  put  more  to  hazard,  without  incurring 
justly  the  imputation  of  rashness.  Not  relying 


APPENDIX  TO   CIIAPTEli  XII. 


[BK.  iv. 


upon  those  chances  which  sometimes  give  a  favor 
able  issue  to  attempts  apparently  desperate,  his 
conduct  was  regulated  by  calculations  made  upon 
the  capacities  of  his  army,  and  the  real  situation 
of  his  country.  When  called  a  second  time  to 
command  the  armies  of  the  United  States,  a 
change  of  circumstances  had  taken  place,  and  he 
meditated  a  corresponding  change  of  conduct. 
In  modelling  the  army  of  1798,  he  sought  for 
men  distinguished  for  their  boldness  of  execu 
tion,  not  less  than  for  their  prudence  in  counsel, 
and  contemplated  a  system  of  continued  attack. 
"  The  enemy,"  said  the  General  in  his  private 
letters,  "  must  never  be  permitted  to  gain  foot 
hold  on  our  shores." 

In  his  civil  administration,  as  in  his  military 
career,  ample  and  repeated  proofs  were  exhibited 
of  that  practical  good  sense,  of  that  sound  judg 
ment,  which  is  perhaps  the  most  rare,  and  is  cer 
tainly  the  most  valuable  quality  of  the  human 
mind.  Devoting  himself  to  the  duties  of  his 
station,  and  pursuing  no  object  distinct  from  the 
public  good,  he  was  accustomed  to  contemplate 
at  a  distance  those  critical  situations  in  which  the 
United  States  might  probably  be  placed ;  and  to 
digest,  before  the  occasion  required  action,  the 
line  of  conduct  which  it  would  be  proper  to  ob 
serve.  Taught  to  distrust  first  impressions,  he 
sought  to  acquire  all  the  information  which  was 
attainable,  and  to  hear,  without  prejudice,  all  the 
reasons  which  could  be  urged  for  or  against  a 
particular  measure.  His  own  judgment  was  sus 
pended  until  it  became  necessary  to  determine ; 
and  his  decisions,  thus  maturely  made,  were  sel 
dom  if  ever  to  be  shaken.  His  conduct  there 
fore  was  systematic,  arid  the  great  objects  of  his 
administration  were  stea-lily  pursued. 

Respecting,  as  the  first  magistrate  in  a  free 
government  must  ever  do,  the  real  and  deliberate 
sentiments  of  the  people,  their  gusts  of  passion 
passed  over,  -without  ruffling  the  smooth  surface 
of  his  mind.  Trusting  to  the  reflecting  good 
sense  of  the  nation  for  approbation  and  support, 
he  had  the  magnanimity  to  pursue  its  real  in 
terests,  in  opposition  to  its  temporary  prejudices  ; 
and,  though  far  from  being  regardless  of  popular 
favor,  he  could  never  stoop  .to  retain,  by  deserv 
ing  to  lose  it  In  more  instances  than  one,  we 
find  him  committing  his  whole  popularity  to  haz 
ard,  and  pursuing  steadily,  in  opposition  to  a  tor 


rent  which  would  have  overwhelmed  a  man  of 
ordinary  firmness,  that  course  which  had  been 
dictated  by  a  sense  of  duty. 

In  speculation,  he  was  a  real  republican  de 
voted  to  the  Constitution  of  his  country,  and  to 
that  system  of  equal  political  rights  on  which  it 
is  founded.  But  between  a  balanced  republic 
and  a  democracy,  the  difference  is  like  that  be 
tween  order  and  chaos.  Real  liberty,  he  thought, 
was  to  be  preserved,  only  by  preserving  the  au 
thority  of  the  laws,  and  maintaining  the  ener 
gy  of  government.  Scarcely  did  society  pre 
sent  two  characters  which,  in  his  opinion,  less 
resembled  each  other,  than  a  patriot  and  a  dema 
gogue. 

No  man  has  ever  appeared  upon  the  theatre  of 
public  action,  whose  integrity  was  more  incor 
ruptible,  or  whose  principles  were  moro  perfectly 
free  from  the  contamination  of  those  selfish  and 
unworthy  passions,  which  find  their  nourishment 
in  tho  conflicts  of  party.  Having  no  views  which 
required  concealment,  his  real  and  avowed  mo 
tives  were  the  same ;  and  his  whole  correspon 
dence  does  not  furnish  a  single  case,  from  which 
even  an  enemy  would  infer  that  he  was  capable, 
under  any  circumstances,  of  stooping  to  the  em 
ployment  of  duplicity.  No  truth  can  be  uttered 
with  more  confidence,  than  that  his  ends  were  al 
ways  upright,  and  his  means  always  pure.  lie 
exhibits  the  rare  example  of  a  politician  to  whom 
wiles  were  absolutely  unknown,  and  whose  pro 
fessions  to  foreign  governments,  and  to  his  own 
countrymen,  were  always  sincere.  In  him  was 
fully  exemplified  the  real  distinction,  which  for 
ever  exists,  between  wisdom  and  cunning,  and 
the  importance  as  well  as  truth  of  the  maxim 
that  "  honesty  is  the  best  policy." 

If  Washington  possessed  ambition,  that  pas 
sion  was,  in  his  bosom,  so  regulated  by  principles, 
or  controlled  by  circumstances,  that  it  was  nei 
ther  vicious,  nor  turbulent.  Intrigue  was  never 
employed  as  the  means  of  its  gratification,  nor 
was  personal  aggrandizement  its  object.  The 
various  high  and  important  stations  to  which  he 
\vas  called  by  the  public  voice,  were  unsought  by 
himself;  and,  in  consenting  to  fill  them,  he  seems 
rather  to  have  yielded  to  a  general  conviction  that 
the  interests  of  his  country  would  be  there  by 
promoted,  than  to  an  avidity  for  power. 

Neither   the  extraordinary    partiality  of  the 


Cn.  XII.] 


ENGLISH   OBITUARY   OF   WASHINGTON. 


493 


American  people,  the  extravagant  praises  which 
were  bestowed  upon  him,  nor  the  inveterate  op 
position  and  malignant  calumnies  which  he  en 
countered,  had  any  visible  influence  upon  his  con 
duct.  The  cause  is  to  be  looked  for  in  the  texture 
of  his  mind. 

In  him,  that  innate  and  unassuming  modesty 
which  adulation  would  have  offended,  which  the 
voluntary  plaudits  of  millions  could  not  betray 
into  indiscretion,  and  which  never  obtruded  upon 
others  his  claims  to  superior  consideration,  was 
happily  blended  with  a  high  and  correct  sense  of 
personal  dignity,  and  with  a  just  consciousness  of 
that  respc'ct  which  is  due  to  station.  Without 
exertion,  he  could  maintain  the  happy  medium 
between  that  arrogance  which  wounds,  and  that 
facility  which  allows  the  office  to  be  degraded  in 
the  person  who  fills  it. 

It  is  impossible  to  contemplate  the  great  events 
which  have  occurred  in  the  United  States  under 
the  auspices  of  Washington,  without  ascribing 
them,  in  some  measure,  to  him.  If  we  ask  the 
causes  of  the  prosperous  issue  of  a  war,  against 
the  successful  termination  of  which  there  were  so 
many  probabilities?  of  the  good  which  was  pro 
duced,  and  the  ill  which  was  avoided,  during  an 
administration  fated  to  contend  with  the  strongest 
prejudices,  that  a  combination  of  circumstances 
and  of  passions,  could  produce  1  of  the  constant 
favor  of  the  great  mass  of  his  fellow-citizens, 
and  of  the  confidence  which,  to  the  last  moment 
of  his  life  they  reposed  in  him  ?  the  answer,  so 
far  as  these  causes  may  be  found  in  his  charac 
ter,  will  furnish  a  lesson  well  meriting  the  at 
tention  of  those  who  are  candidates  for  political 
fame. 

Endowed  by  nature  with  a  sound  judgment, 
and  an  accurate,  discriminating  mind,  he  feared 
not  that  laborious  attention  which  made  him  per 
fectly  master  of  those  subjects,  in  all  their  rela 
tions,  on  which  he  was  to  decide :  and  this  essential 
quality  was  guided  by  an  unvarying  sense  of 
moral  right,  which  would  tolerate  the  employ 
ment,  only,  of  those  means  that  would  bear  the 
most  rigid  examination ;  by  a  fairness  of  inten 
tion  which  neither  sought  nor  required  disguise : 
and  by  a  purity  of  virtue  which  was  not  only  un 
tainted,  but  unsuspected. 


VOL.  II.— 62 


II.  OBITUARY    NOTICE   OF   WASHINGTON   IN  A 
LONDON    NEWSPAPER,   JANUARY,  1800. 

THE  melancholy  account  of  the  death  of  Gen- 
eral  WASHINGTON  was  brought  by  a  vessel  from 
Baltimore,  which  has  arrived  off  Dover. 

General  WASHINGTON  was,  we  believe,  in  his 
08th  year.  The  height  of  his  person  was  about 
five  feet  eleven ;  his  chest  full ;  and  his  limbs, 
though  rather  slender,  well-shaped  and  muscular. 
His  head  was  rather  small ;  in  which  respect  he 
resembled  the  make  of  a  great  number  of  his 
countrymen.  His  eyes  were  of  a  light  grey 
color ;  and  in  proportion  to  the  length  of  his  face, 
his  nose  was  long.  Mr.  Stuart,  the  eminent 
portrait  painter,  used  to  say,  there  were  features 
in  his  face  totally  different  from  what  he  had  ob 
served  in  that  of  any  other  human  being ;  the 
sockets  of  the  eyes,  for  instance,  were  larger 
than  what  he  ever  met  with  before,  and  the  up 
per  part  of  his  nose  broader.  All  his  features, 
he  observed,  were  indicative  of  the  strongest 
passions :  yet,  like  Socrates,  his  judgment  and 
great  self-command  have  always  made  him  ap 
pear  a  man  of  a  different  cast  in  the  eyes  of  the 
world.  He  always  spoke  with  great  diffidence, 
and  sometimes  hesitated  for  a  word ;  but  it  was 
always  to  find  one  particularly  well  adapted  to 
his  meaning.  His  language  was  manly  and  ex 
pressive.  At  levee,  his  discourse  with  strangers 
turned  principally  upon  the  subject  of  America ; 
and  if  they  had  been  through  any  remarkable 
places,  his  conversation  was  free  and  particularly 
interesting ;  for  he  was  intimately  acquainted 
with  every  part  of  the  country.  He  was  much 
more  open  and  free  in  his  behavior  at  levee  than 
in  private :  and  in  the  company  of  ladies  still 
more  so  than  when  solely  with  men. 

Few  persons  ever  found  themselves  for  the 
first  time  in  the  presence  of  General  Washing 
ton,  without  being  impressed  with  a  certain  de 
gree  of  veneration  and  awe :  nor  did  those  emo 
tions  subside  on  a  closer  acquaintance;  on  the 
contrary,  his  person  and  deportment  were  such 
as  rather  tended  to  augment  them.  The  hard 
service  he  had  seen,  the  important  and  laborious 
offices  ne  had  filled,  gave  a  kind  of  austerity  to 
his  countenance,  and  a  reserve  to  his  manners ; 
yet  he  was  the  kindest  husband,  the  most  humane 
master,  the  steadiest  friend.  The  whole  range 
of  history  does  not  present  to  our  view  a  charac- 


494 


APPENDIX  TO   CHAPTER  XII. 


[BK.  IV. 


ter  upon  which  we  can  dwell  with  such  entire  and 
unmixed  admiration.  The  long  life  of  General 
Washington  is  not  stained  by  a  single  blot.  He 
was  indeed  a  man  of  such  rare  endowments,  and 
such  fortunate  temperament,  that  every  action 
he  performed  was  equally  exempted  from  the 
charge  of  vice  or  weakness.  Whatever  he  said, 
or  did,  or  wrote,  was  stamped  with  a  striking 
and  peculiar  propriety.  His  qualities  were  so 
happily  blended,  and  so  nicely  harmonized,  that 
the  result  was  a  great  and  perfect  whole.  The 
powers  of  his  mind,  and  the  dispositions  of  his 
heart,  were  admirably  suited  to  each  other.  It 
was  the  union  of  the  most  perfect  prudence  with 
the  most  consummate  moderation.  His  views, 
though  large  and  liberal,  were  never  extravagant ; 
his  virtues,  though  comprehensive  and  beneficent, 
were  judicious  and  practical. 

Yet  his  character,  though  regular  and  uniform, 
possessed  none  of  the  littleness  which  may  some 
times  belong  to  these  descriptions  of  men.  It 
formed  a  majestic  pile,  the  effect  of  which  was 
not  impaired,  but  improved  by  order  and  sym 
metry.  There  was  nothing  in  it  to  dazzle  by 
wildness,  or  surprise  by  eccentricity.  It  was  of 
a  higher  species  of  moral  beauty.  It  contained 
every  thing  great  and  elevated,  but  it  had  no 
false  and  tinsel  ornaments.  It  was  not  the 
model  cried  by  the  fashion  and  circumstance : 
its  excellence  was  adapted  to  the  true  and  just 
moral  taste,  incapable  of  change  from  the  vary 
ing  accidents  of  manners,  opinions,  and  times. 
General  Washington  was  not  the  idol  of  a  day, 
but  the  hero  of  ages ! 

Placed  in  circumstances  of  the  most  trying 
difficulty  at  the  commencement  of  the  American 
contest,  he  accepted  that  situation  which  was  pre 
eminent  in  danger  and  responsibility.  His  per 
severance  overcame  every  obstacle  :  his  modera 
tion  conciliated  every  opposition :  his  genius 
supplied  every  resource  :  his  enlarged  view  could 
plan,  revise,  and  improve,  every  branch  of  civil 
and  military  operation.  He  had  the  superior 
courage  which  can  act  or  forbear  to  act,  as  true 
policy  dictates,  careless  of  the  reproaches  of  ig 
norance — either  in  power  or  out  of  power.  He 
knew  how  to  conquer  by  .waiting,  in  spite  of 
obloquy,  for  the  moment  of  victory :  and  he 
merited  true  praise  by  despising  undeserved 
censure.  In  the  most  arduous  moments  of  the 


contest,  his  prudent  firmness  proved  the  salva 
tion  of  the  cause  which  he  supported. 

His  conduct  was,  on  all  occasions,  guided  by 
the  most  pure  disinterestedness.  Yi.r  superior 
to  low  and  grovelling  motives,  his  seemed  even 
to  be  uninfluenced  by  that  ambition,  which  has 
justly  been  called  the  instinct  of  great  souls.  He 
acted  even,  as  if  his  country's  welfare,  and  that 
alone,  was  the  moving  spring.  His  excellent 
mind  needed  not  even  the  stimulus  of  ambition, 
or  the  prospect  of  fame.  Glory  was  but  a 
secondary  consideration.  He  performed  great 
actions,  he  persevered  in  a  course  of  laborious 
utility,  with  an  equanimity  that  neither  sought 
distinction,  nor  was  flattered  by  it.  His  reward 
was  in  the  consciousness  of  his  own  rectitude, 
and  in  the  success  of  his  patriotic  efforts. 

As  his  elevation  to  the  chief  power  was  by  the 
unbiassed  choice  of  his  countrymen,  his  exercise 
of  it  was  agreeable  to  the  purity  of  its  origin. 
As  he  had  neither  solicited  nor  usurped  domin 
ion,  he  had  neither  to  contend  with  the  oppo 
sitions  of  rivals,  nor  the  revenge  of  enemies. 
As  his  authority  was  undisputed,  so  it  required 
no  jealous  precautions,  no  rigorous  severity. 
His  government  was  mild  and  gentle ;  it  was 
beneficent  and  liberal ;  it  was  wise  and  just. 
His  prudent  administration  consolidated  and  en 
larged  the  dominion  of  an  infant  republic.  In 
voluntarily  resigning  the  magistracy  which  he 
had  filled  with  such  distinguished  honor,  he  en 
joyed  the  unequalled  satisfaction  of  leaving  to  the 
state  he  had  contributed  to  establish,  the  fruits 
of  his  wisdom  and  the  example  of  his  virtues. 

It  is  some  consolation,  amidst  the  violence  of 
ambition,  and  the  criminal  thirst  of  power,  of 
which  so  many  instances  occur  around  us,  to  find 
a  character  whom  it  is  honorable  to  admire,  and 
virtuous  to  imitate.  A  conqueror,  for  the  free 
dom  of  his  country  !  A  legislator,  for  its  secu 
rity  !  A  magistrate,  for  its  happiness.  His 
glories  were  never  sullied  by  those  excesses,  into 
which  the  highest  qualities  are  apt  to  degenerate. 
With  the  greatest  virtues,  he  was  exempt  from 
the  corresponding  vices.  He  was  a  man  in  whom 
the  elements  were  so  mixed,  that  "  Nature  might 
have,  stood  up  to  all  the  world,"  and  owned  him 
as  her  work.  His  fame,  bounded  by  no  coun 
try,  will  be  confined  to  no  age.  The  character 
of  General  Washington,  which  his  contempora- 


CH.  XII.] 


DR.   MASON'S    FUNERAL    ORATION. 


ries  regret  and  admire,  will  be  transmitted  to 
posterity  :  and  the  memory  of  his  virtues,  while 
patriotism  and  virtue  are  held  sacred  among 
men,  will  remain  undiminished. 


[II.     EXTRACT    FROM    DR.    MASON'S    FUNERAL 
ORATION   OX   WASHINGTON. 

TUB  name  of  WASHINGTON,  connected  with  all 
that  is  most  brilliant  in  the  history  of  our  coun 
try  and  in  human  character,  awakens  sensations 
which  agitate  tho  fervors  of  youth,  and  warm  the 
chill  bosom  of  age.  Transported  to  the  times 
when  America  rose  to  repel  her  wrongs  and  to 
claim  her  destinies,  a  scene  of  boundless  gran 
deur  bursts  upon  our  view.  Long  had  her  filial 
duty  expostulated  with  parental  injustice.  Long 
did  she  deprecate  the  rupture  of  those  ties  which 
she  had  been  proud  of  preserving  and  displaying. 
But  her  humble  entreaty  spurned,  aggression  fol 
lowed  by  the  rod,  and  the  rod  by  scorpions,  hav 
ing  changed  remonstrance  into  murmur,  and 
murmur  into  resistance,  she  transfers  her  griev 
ances  from  the  throne  of  earth  to  the  throne  of 
heaven,  and  precedes  by  an  appeal  to  the  God  of 
battles  her  appeal  to  the  sword  of  war.  At  is 
sue  now  with  the  mistress  of  the  seas — unfur 
nished  with  equal  means  of  defence — the  convul 
sive  shock  approaching — and  every  evil  omen 
passing  before  her — one  step  of  rashness  or  of 
folly  may  seal  her  doom.  In  this  accumulation 
of  trouble,  who  shall  command  her  confidence, 
and  face  her  dangers,  and  conduct  her  cause? 
God,  whose  kingdom  ruleth  over  all,  prepares 
from  afar  the  instruments  best  adapted  to  his 
purpose.  By  an  influence  which  it  would  be  as 
irrational  to  dispute  as  it  is  vain  to  scrutinize,  he 
stirs  up  the  spirit  of  the  statesman  and  the  sol 
dier.  Minds,  on  which  he  has  bestowed  the  ele 
ments  of  greatness,  are  brought  by  his  providence 
into  contact  with  exigencies  which  rouse  them 
into  action.  It  is  in  the  season  of  effort  and  of 
peril  that  impotence  disappears  and  energy  arises. 
The  whirlwind  which  sweeps  away  the  glowworm, 
uncovers  the  fire  of  genius,  and  kindles  it  into  a 
blaze  that  irradiates  at  once  both  the  zenith  and 
the  poles.  But  among  the  heroes  who  sprung 
from  obscurity  when  the  college,  the  counting- 
house,  and  the  plough,  teemed  with  "  thunderbolts 
of  war,"  none  could,  in  all  respects,  meet  the 


wants  and  the  wishes  of  America.  She  required, 
in  her  leader,  a  man  reared  under  her  own  eye  ; 
who  combined  with  distinguished  talent  a  charac 
ter  above  suspicion ;  who  had  added  to  his  phys 
ical  and  moral  qualities  the  experience  of  difficult 
service ;  a  man  who  should  concentrate  in  him 
self  the  public  affections  and  confidences ;  who 
should  know  how  to  multiply  the  energies  of 
every  other  man  under  his  direction,  and  to  make 
disaster  itself  the  means  of  success — his  arm  a 
fortress,  and  his  name  a  host.  Such  a  man  it 
were  almost  presumption  to  expect;  but  such  a 
man  all-ruling  Heaven  had  provided,  and  that 
man  was  WASHINGTON. 

Pre-eminent  already  in  worth,  he  is  summoned 
by  his  country  to  the  pre-eminence  of  toil  and 
of  danger.  Unallured  by  the  charms  of  opu 
lence — unappalled  by  the  hazard  of  a  dubious 
warfare — unmoved  by  the  prospect  of  being,  in 
the  event  of  failure,  the  first,  and  most  conspicu 
ous  victim,  he  obeys  her  mandate  because  he 
loves  his  duty.  The  resolve  is  firm,  for  the  pro 
bation  is  terrible.  His  theatre  is  the  world ;  his 
charge,  a  family  of  nations ;  the  interest  staked 
in  his  hands,  the  prosperity  of  millions  unborn 
in  ages  to  come.  His  means,  under  aid  from  on 
high,  the  resources  of  his  own  breast,  with  the 
raw  recruits  and  irregular  supplies  of  distracted 
colonies.  O  crisis  worthy  of  such  a  hero !  Fol 
lowed  by  her  little  bands,  her  prayers,  and  her 
tears,  Washington  espouses  the  quarrel  of  his 
country.  As  he  moves  on  to  the  conflict,  every 
heart  palpitates  and  every  knee  trembles.  The 
foe,  alike  valiant  and  veteran,  presents  no  easy 
conquest,  nor  aught  inviting  but  to  those  who 
had  consecrated  their  blood  to  the  public  weal. 
The  Omnipotent,  who  allots  great  enjoyment  as 
the  meed  of  great  exertion,  had  ordained  that 
America  should  be  free,  but  that  she  should  learn 
to  value  the  blessing  by  the  price  of  its  acquisi 
tion.  She  shall  go  to  a  "  wealthy  place,"  but 
her  way  is  "through  fire  and  through  water." 
Many  a  generous  chief  must  bleed,  and  many  a 
gallant  youth  sink,  at  his  side,  into  the  surprised 
grave;  the  field  must  be  heaped  with  slain,  tho 
purple  torrent  mast  roll,  ere  the  angel  of  peace 
descend  with  his  olive.  It  is  here,  amid  devasta 
tion,  and  horror,  and  death,  that  Washington 
must  reap  his  laurels,  and  engrave  his  trophies 
on  the  shields  of  immortality.  Shall  Delaware 


41K5 


TO    CHAPTER    Xll. 


[BK.   IV. 


and  Princeton  ?  Shall  Moninouth  and  York  1 — 
But  I  may  not  particularize;  far  less  repeat  the 
tale  which  babes  recite,  which  poets  sing,  and 
Fame  has  published  to  a  listening  world.  Every 
scene  of  his  action  was  a  scene  of  his  triumph. 
Now  he  saved  the  republic  by  more  than  Fabian 
caution ;  now  he  avenged  her  by  more  than  Car 
thaginian  fierceness ;  while  at  every  stroke  her 
forests  and  her  hills  re-echoed  to  her  shout,  "The 
sword  of  the  LORD  and  of  WASHINGTON  !"  Nor 
was  this  the  vain  applause  of  partiality  and  enthu- 
siam.  The  blasted  schemes  of  Britain,  her  broken 
and  her  captive  hosts,  proclaimed  the  terror  of  his 
arms.  Skilled  were  her  chiefs,  and  brave  her  le 
gions  ;  but  bravery  and  skill  rendered  them  a  con 
quest  more  worthy  of  Washington.  True,  he  suf 
fered  in  his  turn  repulse,  and  even  defeat.  It  was 
both  natural  and  needful.  Unchequered  with  re 
verse,  his  story  would  have  resembled  rather  the 
fictions  of  romance  than  the  truth  of  narrative;  and 
had  he  been  neither  defeated  nor  repulsed,  we  had 
never  seen  all  the  grandeur  of  his  soul.  He  ar 
rayed  himself  in  fresh  honors  by  that  which  ruins 
even  the  great — vicissitude.  He  could  not  only 
subdue  an  enemy,  but,  what  is  infinitely  more, 
he  could  subdue  misfortune.  With  an  equa 
nimity  which  gave  temperance  to  victory,  and 
cheerfulness  to  disaster,  he  balanced  the  fortunes 
of  the  state.  In  the  face  of  hostile  prowess ;  in 
the  midst  of  mutiny  and  treason  ;  surrounded 
with  astonishment,  irresolution,  and  despondence ; 
Washington  remained  erect,  unmoved,  invincible. 
Whatever  ills  America  might  endure  in  main 
taining  her  rights,  she  exulted  that  she  had  noth 
ing  to  fear  from  her  commander-in-chief.  The 
event  justified  her  most  sanguine  presages.  That 
invisible  hand  which  girded  him  at  first,  contin 
ued  to  guard  and  to  guide  him  through  the  suc 
cessive  stages  of  the  Revolution.  Nor  did  he  ac 
count  it  a  weakness  to  bend  the  knee  in  homage 
to  its  supremacy,  and  prayer  for  its  direction. 
This  was  the  armor  of  Washington;  this  the 
salvation  of  his  country. 


It  must  ever  be  difficult  to  compare  the  merits 
of  Washington's  character,  because  he  always 
appeared  greatest  in  that  which  he  last  sustained. 
Yet  if  there  is  a  preference,  it  must  be  assigned 
to  the  Lieutenant-General  of  the  armies  of  Amer 


ica.  Not  because  the  duties  of  that  station  were 
more  arduous  than  those  which  he  had  often  per 
formed,  but  because  it  more  fully  displayed  his 
magnanimity.  While  others  become  great  by 
elevation,  Washington  becomes  greater  by  con 
descension.  Matchless  patriot !  to  stoop,  on  pub 
lic  motives,  to  an  inferior  appointment,  after 
possessing  and  dignifying  the  highest  offices  ! 
Thrice-favored  country,  which  boasts  of  such  a 
citizen  !  We  gaze  with  astonishment ;  we  exult 
that  we  are  Americans.  We  augur  every  thing 
great,  and  good,  and  happy.  But  whence  this 
sudden  horror  ?  What  means  that  cry  of  agony  1 
Oh  !  'tis  the  shriek  of  America  !  The  fairy  vision 
is  fled  :  WASHINGTON  is — no  more  ! 

How  are  the  mighty  fallen,  and  the  weapons  of 
ivar  perished  ! 

Daughters  of  America,  who  erst  prepared  the 
festal  bower  and  the  laurel  wreath,  plant  now  the 
cypress  grove,  and  water  it  with  tears. 

How  are  the  mighty  fallen,  and  the  weapons  of 
war  perished  ! 

The  death  of  WASHINGTON,  Americans,  has 
revealed  the  extent  of  our  loss.  It  has  given  us 
the  final  proof  that  we  never  mistook  him.  Take 
his  affecting  testament,  and  read  the  secrets  of 
his  soul.  Read  all  the  power  of  domestic  virtue. 
Read  his  strong  love  of  letters  and  of  liberty. 
Read  his  fidelity  to  republican  principle,  and  his 
jealousy  of  national  character.  Read  his  devot- 
edness  to  you  in  his  military  bequests  to  near 
relations.  "These  swords,"  they  are  the  words 
of  Washington,  "  these  swords  are  accompanied 
with  an  injunction  not  to  unsheath  them  for  the 
purpose  of  shedding  blood,  except  it  be  for  self- 
defence,  or  in  defence  of  their  country  and  its 
rights ;  and  in  the  latter  case,  to  keep  them  un 
sheathed,  and  prefer  falling  with  them  in  their 
hands  to  the  relinquishment  thereof." 

In  his  acts,  Americans,  you  have  seen  the  man! 
In  the  complicated  excellence  of  character  he 
stands  alone.  Let  no  future  Plutarch  attempt 
the  iniquity  of  parallel.  Let  no  soldier  of  for 
tune  ;  let  no  usurping  conqueror ;  let  not  Alex 
ander  or  Coesar ;  let  not  Cromwell  or  Bonaparte  ; 
let  none  among  the  dead  or  the  living ;  appear  in 
the  same  picture  with  WASHINGTON  ;  or  let  them 
appear  as  the  shade  to  his  light. 

On  this  subject,  my  countrymen,  it  is  for 
others  to  speculate,  but  it  is  for  us  to  feel.  Yet 


CH.  XII.] 


DR.   MASON'S    FUNERAL    ORATION. 


497 


in  proportion  to  the  severity  of  the  stroke  ought 
to  be  our  thankfulness  that  it  was  not  inflicted 
sooner.  Through  a  long  series  of  years  has  God 
preserved  our  Washington  a  public  blessing ;  and 
now  that  he  has  removed  him  forever,  shall  we 
presume  to  say,  What  doest  Ihou  ?  Never  did 
the  tomb  preach  more  powerfully  the  dependence 
of  all  things  on  the  will  of  the  Most  High.  The 
greatest  of  mortals  crumble  into  dust  the  mo 
ment  he  commands,  Return,  ye  children  of  men. 
Washington  was  but  the  instrument  of  a  benig 
nant  God.  He  sickens,  he  dies,  that  we  may 
learn  not  to  trust  in  men,  nor  to  make  flesh  our 
arm.  But 'though  Washington  is  dead,  Jehovah 
lives.  God  of  our  fathers !  be  our  God,  and  the 
God  of  our  children !  Thou  art  our  refuge  and 
our  hope;  the  pillar  of  our  strength;  the  wall 
of  our  defence,  and  our  unfading  glory ! 

Americans !  This  God,  who  raised  up  Wash 
ington  and  gave  you  liberty,  exacts  from  you  the 
duty  of  cherishing  it  with  a  zeal  according  to 
knowledge.  Never  sully,  by  apathy  or  by  out 
rage,  your  fair  inheritance.  Risk  not,  for  one 


moment,  on  visionary  theories,  the  solid  bless 
ings  of  your  lot.  To  you,  particularly,  O  youth 
of  America !  applies  the  solemn  charge.  In  all 
the  perils  of  your  country  remember  Washing 
ton.  The  freedom  of  reason  and  of  right  has 
been  handed  down  to  you  on  the  point  of  the 
hero's  sword.  Guard  with  veneration  the  sacred 
deposit.  The  curse  of  ages  will  rest  upon  you, 
O  youth  of  America !  if  ever  you  surrender  to 
foreign  ambition,  or  domestic  lawlessness,  the 
precious  liberties  for  which  Washington  fought, 
and  your  fathers  bled. 

I  cannot  part  with  you,  fellow-citizens,  without 
urging  the  long  remembrance  of  our  present  as 
sembly.  This  day  we  wipe  away  the  reproach 
of  republics,  that  they  know  not  how  to  be  grate 
ful.  In  your  treatment  of  living  patriots,  recall 
your  love  and  your  regret  of  WASHINGTON. 
Let  not  future  inconsistency  charge  this  day  with 
hypocrisy.  Happy  America,  if  she  gives  an  in 
stance  of  universal  principle  in  her  sorrows  for 
the  man,  "  first  in  war,  first  in  peace,  and  first  in 
the  affections  of  his  country  !" 


498 


CLOSE    OF    ADAMS'S    ADMINISTRATION. 


IV. 


CH  APTEK     XIII. 

1800-1801, 

CLOSE    OF    ADAMS'S    ADMINISTRATION. 

Positions  of  the  political  parties  —  Party  schemes  —  Military  Academy  recommended  —  Financial  matters  —  Sum 
mary  of  the  acts  and  proceedings  of  Congress  —  The  public  lands — Jefferson's  letter  to  Madison  —  M' Henry  and 
Pickering  removed  from  office  —  Gallant  exploit  of  Commodore  Truxtun  with  the  Constellation  —  Bainbridge  at 
Algiers — His  visit  to  Constantinople  —  The  American  envoys  in  France  —  Their  proceedings  —  The  "  Conven 
tion" —  Mr.  Gibbs  and  Mr.  Adams  on  the  result  of  the  mission  to  France  —  Parties  in  New  York  —  Hamilton 
and  Burr  —  Jay's  honorable  conduct — Troubles  of  the  federal  party  —  Course  towards  John  Adams  —  The 
democratic  party  —  Seat  of  government  removed  to  Washington  —  Mrs.  Adams's  letter  respecting  the  new 
city  —  The  second  census  —  Hamilton's  opposition  to  Adams  —  His  "Letter  concerning  the  public  conduct  and 
character  of  John  Adams,  President  of  the  United  States" — A  copy  of  it  stolen  and  printed  by  Burr  —  Effect 
produced  —  Congress  opens  its  session  in  Washington — The  President's  speech  —  The  act  respecting  the 
Judiciary  —  Adams's  appointments  —  John  Marshall  Chief  Justice  —  Burr's  activity  in  politics  —  Hamilton's 
opinions  of  Burr's  character  and  principles  —  State  of  the  electoral  vote  —  Jefferson  receives  seventy-three 
and  Burr  seventy-three  votes — Mr.  Davis's  statement  —  Thirty-five  ballotings  —  Course  of  the  federalists — 
Choice  of  evils  —  Jefferson  elected  president  —  The  balance  of  Adams's  term  of  office  —  Mr.  Gibbs  on  the  ter 
miuation  of  the  federal  supremacy .  APPENDIX  TO  CHAPTER  XIII.  John  Adams  and  the  Fall  of  Federalism. 


ON  a  previous  page  (see  p.  466),  we 
have  spoken  of  the  assembling  of  the 
sixth  Congress  in  December,  1*799,  and 
of  the  President's  speech  to  the  two 
Houses.  The  answers  were  full,  and 
though  not  very  decided  in  tone,  were 
by  no  means  deficient  in  cordiality.  The 
approaching  political  struggle  with  ref 
erence  to  the  presidency,  very  probably 
had  its  effect  upon  the  views  and  pres 
ent  course  of  the  members  of  Congress. 

The  elections  had  resulted  in  favor 
of  the  federalists.  This  was  especially 
the  case  at  the  south,  where  consider 
able  changes  had  taken  place  in  favor 
of  the  government.  John  Marshall 
and  Henry  Lee  were  among  the  new 
members  from  Virginia.  William 
Henry  Harrison  also  appeared  as  a  del 
egate  from  the  territory  northwest  of 


the  Ohio,  and  was  admitted  to  a  seat, 
but  not  to  the  right  of  voting.  Yet 
the  minority,  under  skilful  guidance, 
stood  ready  to  avail  themselves  of  the  di 
visions  which,  it  could  not  be  concealed, 
existed  among  the  federalists.  "The 
opposition,"  as  Mr.  Gibbs  says,  "were 
daily  becoming  more  compact  and  firm ; 
they  saw  the  discouragements  of  their 
adversaries ;  they  felt  their  own  advan 
tages  and  the  strength  of  their  position ; 
and  they  neglected  nothing  which  or 
ganization,  discipline,  and  vigorous  ac 
tion  could  effect."  The  death  of  Wash 
ington  had,  it  is  true,  a  calming  effect 
upon  the  agitated  waters  of  political 
strife,  but  it  was  only  for  a  brief  period  ; 
and  when  he,  the  great  and  good,  was 
gone,  the  federalists  had  lost  immensely 
by  his  removal,  and  the  republicans 


Cii.  XIII.] 


THE    DOINGS    OF    CONGRESS. 


409 


were  now  able  to  give  free  rein  to  their 
impetuous  and  fierce  charges  upon  their 
opponents.  In  fact,  under  cover  of  the 
work  of  legislation  and  government, 
during  a  considerable  part  of  the  ses 
sion,  party  intrigue  was  working  its 
approaches  to  the  election.  Private 
conferences,  secret  caucuses,  less  secret 
meetings,  correspondence  by  post  and 
messenger,  (Jefferson  continually  fear 
ing  that  the  seals  of  his  missives  might 
be  broken,)  promises,  counter-promises, 
bargains,  suspicions,  schemes,  and  tricks, 
—the  proceedings  can  easily  be  im 
agined;  we  should  feel  humiliated  by 
any  attempt  to  describe  them. 

In  January,  1800,  the  president  trans 
mitted  to  Congress  the  report  of  the 
secretary  of  war,  in  which  was  a  strong 
recommendation  urging  the  formation 
of  a  military  academy.  The  project 
had  been  a  favorite  one  with  Washing 
ton,  and  it  seemed  called  for  by 
every  consideration  of  sound 
policy.  No  definite  action,  however, 
was  secured  upon  this  subject. 

The  committee  of  ways  and  means 
entered  upon  the  consideration  of  the 
state  of  the  finances,  and  reported  in  due 
season  to  the  House.  From  the  reason 
able  prospect  of  a  settlement  of  dif 
ficulties  with  France,  it  was  deemed  in 
expedient  to  press  the  measures  relat 
ing  to  national  defence.  A  reduction 
upon  the  estimates  followed,  of  about 
$1,600,000  in  the  departments  of  the 
army  and  navy.*  This  left  some 
$3,500,000  to  be  provided  for  by  a  loan 

*  For  a  full  account  of  this  matter  of  the  finances, 
the  report  of  the  committee  of  ways  and  means,  etc., 
see  Mr.  Gibbs's  "Administrations  of  Washington  and 
Adams,"  vol.  ii.,  pp.  325-38. 


ISOO. 


which  was  authorized  late  in  the  ses 
sion. 

In  speaking  of  the  case  of  Nash  or 
Bobbins,  (page  463,)  we  have  related 
some  of  the  doings  of  Congress  this 
session.  It  will  be  convenient  to  sum 
up,  in  this  connection,  their  various  acts 
and  proceedings.  Notwithstanding  the 
probabilities  of  the  successful  issue  of  the 
new  embassy,  bills  were  passed  further 
suspending  commercial  intercourse  with 
France  and  its  dependencies,  and  con 
tinuing  in  force  the  act  authorizing  the 
defence  of  American  merchant  vessels 
against  French  depredations.  The  law, 
prohibiting  hostile  acts  on  the  part  of 
our  citizens  against  neutral  nations,  was 
renewed.  Provision  was  made  for  the 
better  government  of  the  navy,  and  for 
the  regulation  of  the  public  arsenals 
and  magazines.  Additional  duties  were 
laid  on  sugar,  molasses  and  wines.  Pro 
vision  was  made  respecting  the  second 
census,  which  was  directed  to  take  place 
on  the  first  Monday  in  August,  1800. 
Acts  were  passed  for  the  relief  of 
persons  imprisoned  for  debt  in  the  fed 
eral  courts,  and  also  for  establishing  a 
uniform  system  of  bankruptcy.  Meas 
ures  were  adopted  for  securing  peace 
with  the  Indians ;  and  the  question  of 
the  title  to  the  lands  known  as  the 
"  western  reserve  of  Connecticut"  was 
at  length  put  to  rest.  An  act  was  passed 
providing  for  the  removal  of  the  govern 
ment  to  the  new  city  of  Washington, 
at  such  time  as  the  president  might 
direct.  The  territory  north-west  of  the 
Ohio  was  divided  into  two  separate 
governments,  the  westernmost  consti 
tuting  the  territory  of  Indiana;  and 
material  amendments  were  made  to  the 


500 


CLOSE   OF  ADAMS'S   ADMINISTRATION. 


[Bx.  IV. 


act  providing  for  the  sale  of  the  public 
lands.  A  supplementary  act  to  that  of 
1798,  for  an  amicable  settlement  of 
limits  with  the  state  of  Georgia,  was 
passed,  and  a  government  was  estab 
lished  in  the  Mississippi  territory. 

It  was  at  the  close  of  the  session  that 
Congress  adopted  measures,  respecting 
the  sale  of  the  public  lands,  which 
deserve  the  reader's  consideration.  In 
1798,  more  than  $88,000  was  received 
from  the  sales  of  government  lands,  and 
their  importance,  in  a  financial  point  of 
view,  pressed  upon  the  attention  of 
Congress  and  the  people,  Mr.  W.  H. 
Harrison  was  very  active  in  this  matter, 
and  on  the  10th  of  May,  an  act  was 
passed,  laying  the  foundation  of  the 
land-system  as  it  has  since  existed.  The 
substantial  provision  was,  that  "  All  the 
lands,  before  they  are  offered  for  sale, 
are  surveyed,  on  a  rigidly  accurate 
plan,  at  the  expense  of  the  govern 
ment."  These  surveys  are  founded 
upon  a  series  of  true  meridians,  the 
first  in  the  present  State  of  Ohio,  the 
second  in  Indiana,  the  third  in  Illinois, 
etc.,  "  each  forming  the  base  of  a  series 
of  surveys,  of  which  the  lines  are  made 
to  correspond,  so  that  the  whole  country 
is  at  last  divided  into  squares  of  one 
mile  each,  and  townships  of  six  miles 
each ;  and  these  subdivisions  are  dis 
tributed  with  mathematical  accuracy 
into  parallel  ranges,"  by  lines  crossing 
each  other  at  right  angles,  and  running 
due  north  and  south,  and  east  and 
west,  "  excepting  when  they  are  formed 
by  an  Indian  boundary  line,  or  the 
course  of  a  stream." 

The  Senate  amended  the  act,  so,  that 
one-half  was  to  be  sold  in  sections,  con 


taining  a  square  mile,  or  six  hundred 
and  forty  acres,  each,  and  the  other 
half,  in  half  sections,  of  three  hundred 
and  twenty  acres  each.  "  The  old  system 
of  forfeiture  for  non-payment  was  abol 
ished,  and  payment  was  to  be  made, 
one-fourth  in  hand,  and  the  balance  at 
the  end  of  two,  three,  and  four  years; 
allowing  the  purchaser  one  year  after 
the  fourth  payment  became  due,  to 
collect  the  money,  and  in  case  it  should 
not  be  paid  for  in  that  time,  the  land 
to  be  sold,  the  public  reimbursed,  and 
the  balance  of  its  produce  handed  over 
to  the  delinquent  purchaser."  Four 
land-offices  were  opened  in  the  North 
west  Territory,  where  purchases  could 
be  made ;  the  register  selling  the  land, 
the  receiver  collecting  the  payments. 
The  sales  effected,  and  the  money  re 
ceived,  being  regularly  reported  to 
Washington,  the  purchaser  received 
from  the  United  States  government  an 
original  patent,  as  the  most  perfect  title 
to  the  soil.  Modifications  were  after 
wards  introduced  into  this  act,  of  which 
we  intend  to  take  notice  in  a  subse 
quent  chapter. 

The  session  terminated  on  the  14th 
May,  and  was  the  last  occasion  on  which 
Congress  assembled  in  the  city 

1  KAO 

of  Philadelphia,  Mr.  Jeffer 
son's  remarks  in  regard  to  it,  under 
date  of  May  12th,  writing  to  Madison, 
may  be  quoted,  as  showing  how  the 
progress  of  events  in  Congress  struck 
his  mind  :  "  The  federalists  have  not 
been  able  to  carry  a  single  strong 
measure  in  the  lower  House,  the  whole 
session.  When  they  met,  it  was  believed 
they  had  a  majority  of  twenty;  but 
many  of  these  were  new  and  moderate 


Cn.  XIII.] 


TROUBLES    IN    THE    CABINET. 


501 


1§OO. 


men,  and  soon  saw  the  true  character 
of  the  party  to  which  they  had  been 
well  disposed  while  at  a  distance.  The 
tide,  too,  of  public  opinion,  set  so 
strongly  against  the  federal  proceedings 
that  this  melted  off  their  majority,  and 
dismayed  the  heroes  of  the  party.  The 
Senate  alone  remained  undismayed  to 
the  last.  Firm  to  their  purpose,  re 
gardless  of  public  opinion,  and  more 
disposed  to  coerce  than  to  court  it,  not 
a  man  of  the  majority  gave  way  in  the 
least."* 

Early  in  May,  the  president  had  an 
interview  with  Mr.  M'Henry,  the  re 
sult  of  which  was,  that  he  was  request 
ed  to  resign  his  post  of  secretary  of 
war.  On  the  12th  of  May,  Colonel 
Pickering  was  removed  from 
the  office  of  secretary  of  state. 
The  state  of  feeling  between  the  cabi 
net  and  the  president  was  such,  that 
the  removal  of  these  gentlemen  became 
necessary.  Mr.  Gibbs  (vol.  ii.,  pp. 
348-59)  severely  reviews  this  measure 
on  the  part  of  the  president,  and  con 
demns  it  as  wholly  unjustifiable,  so  far 
as  the  ability,  integrity  and  uprightness 
of  the  secretaries  are  concerned.  Mr. 
C.  F.  Adams,  (vol.  i.,  pp.  566-69,)  on  the 
other  hand,  justifies  the  course  pursued 
by  his  grandfather,  on  the  ground  of  Mr. 
MTIenry's  incompetency,  and  Colonel 
Pickering's  dishonorable  use  of  his  offi 
cial  position  for  the  purpose  of  coun 
teracting  and  defeating  the  plans  of  the 
president.  We  counsel  the  reader  to 
be  cautious  how  he  adopts  the  views 
of  either  writer  on  such  grave  points 
as  these.  Our  own  conviction  is,  that 


*  Tucker's  " Life  of  Jefferson"  vol.,  iL,  p.  68. 
VOL.  II.— 63 


1800. 


the  secretaries  might,  with  great  pro 
priety,  have  resigned  some  time  before 
they  were  compelled  to  submit  to  a 
dismission  from  office ;  but  we  have  no 
great  faith  in  the  charges  against  them 
of  incompetency,  dishonesty,  idolatry 
of  Mr.  Hamilton,  and  the  like.*  On 
the  13th  of  May,  John  Marshall  was 
appointed  secretary  of  state,  and  Sam 
uel  Dexter  secretary  of  war. 

In  speaking  of  the  gallant  conduct 
of  our  navy,  then  in  its  infancy,  we 
gave  an  account  (see  p.  456)  of  the 
victory  gained  by  Commodore  Truxtun 
We  have  again  the  pleasing  task  of 
narrating  another  exploit  of  this  able 
commander.  It  was  on  the  1st  of  Feb 
ruary  that  Truxtun,  in  the  Constella 
tion,  carrying  thirty-eight,  was  "again 
off  Guadaloupe,  and  made  a 
sail  to  the  south-east,  steering 
westward.  Supposing  it  to  be  a  large 
English  merchantman,  Truxtun  hoisted 
English  colors,  as  an  invitation  to  the 
unknown  vessel  to  run  down  and  speak 


*  We  subjoin,  in  a  note,  Mr.  C.  F.  Adams's  remarks 
on  Oliver  Wolcott,  which,  he  asserts,  are  fully  justified 
by  the  examination  he  has  given  to  his  official  life  and 
conduct.  He  is  speaking  of  Mr.  Hamilton's  need  of 
some  one  "able  to  betray  the  movements  of  the  cabi 
net  down  to  the  last  moment."  "That  person  was  Oli 
ver  Wolcott,  secretary  of  the  treasury,  whose  fidelity 
Mr.  Adams  never  for  an  inst«ant  suspected ;  who  had 
always  so  carefully  regulated  his  external  deportment, 
that  no  one  could  suppose  him  likely  to  become  the  se 
cret  channel  through  which  all  the  most  confidentkd 
details  of  the  administration,  of  which  he  was  a  part, 
should  be  furnished  with  the  intent  to  destroy  its  head. 
Yet  such  is  the  fact  which  history  now  most  unequivo 
cally  discloses.  Instead  of  being  too  suspicious,  as 
the  enemies  of  his  own  household  chose  to  describe 
him,  the  president  had,  in  the  excess  of  his  confidence, 
retained  in  his  bosom  the  most  subtle  and  venomous 
serpent  of  them  all." — "  Life  of  John  Adams"  vol. 
i.,  p.  570.  Compare  Mr.  Gibbs's  remarks,  vol.  ii.,  pp. 
212-214. 


502 


CLOSE    OF    ADAMS'S    ADMINISTRATION. 


[BK.   IV. 


him.  The  invitation  being  disregarded, 
all  sail  was  made  in  chase,  the  Constel 
lation  gaining  fast  on  the  stranger ;  and 
discovering  her  to  be  a  French  vessel 
of  war,  she  hauled  down  her  English 
flag  and  cleared  for  action.  "The 
chase,"  as  Mr.  Cooper  states,  "  was  now 
distinctly  made  out  to  be  a  heavy  frig 
ate,  mounting  fifty-two  guns.  As  her 
metal  was  in  all  probability  equal  to 
her  rate,  the  only  circumstance  to  equal 
ize  this  disparity  against  the  Constella 
tion,  was  the  fact  that  the  stranger  was 
very  deep,  which  was  accounted  for  by 
the  practice  of  sending  valuable  arti 
cles  to  France,  at  that  time,  in  ships  of 
war,  as  the  safest  means  of  transmis 
sion." 

Truxtun  stretched  every  inch  of  can 
vas,  and  though  thrown  back  by  light 
and  variable  breezes,  in  which  the  ene 
my  had  the  advantage,  he  came  up 
with  him  on  the  evening  of  the  2d. 
"It  was  eight  before  the  two  ships 
were  in  speaking  distance  of  each  other, 
the  stranger  having  come  up  to  the 
wind  a  little,  and  the  Constellation 
doubling  on  her  weather  quarter.  Com 
modore  Truxtun  was  about  to  speak  to 
the  enemy,  when  the  latter  opened  a 
fire  from  his  stern  and  quarter  guns. 
In  a  few  moments  the  Constellation, 
having  drawn  still  more  on  the  weather 
quarter  of  the  chase,  poured  in  a  broad 
side,  and  the  action  began  in  earnest. 
It  was  a  little  past  eight  when  the  fir 
ing  commenced,  and  it  was  maintained 
with  vigor  until  nearly  one  in  the  morn 
ing, — the  two  ships  most  of  the  time 
running  free,  side  by  side, — when  the 
stranger  hauled  up,  and  drew  out  of 
the  combat  Orders  were  given  on 


board  the  Constellation  to  brace  up  in 
chase ;"  but  at  the  moment,  it  was  re 
ported  that  the  main-mast,  which  (as 
was  usual  then)  was  a  single  stick,  was 
supported  almost  solely  by  the  wood, 
nearly  every  shroud  having  been  shot 
away ;  and  in  spite  of  every  effort  to 
prevent  it,  the  mast  went  by  the  board, 
a  few  minutes  after  the  enemy  had 
sheered  off.  All  the  topmen,  including 
Mr.  Jarvis,  the  midshipman  in  com 
mand  aloft,  who  had  refused  to  aban 
don  his  post,  were  lost,  with  only  a  sin 
gle  exception. 

Being  unable  to  resume  the  action, 
and  having  fourteen  men  killed  and 
twenty-five  wounded,  (of  whom  eleven 
died  subsequently,)  Truxtun,  as  soon 
as  the  wreck  was  clear  of  his  ship,  bore 
up  for  Jamaica,  where  he  arrived  in 
safety.  His  adversary,  which  was  La 
Vengeance,  reached  Curacoa,  dismasted, 
in  a  sinking  condition,  and  reporting 
herself  to  have  had  fifty  killed  and  a 
hundred  and  ten  wounded,  out  of  a 
crew  of  above  four  hundred  men.  The 
Constellation  had  but  three  hundred 
and  ten  men  on  board ;  and  was  infe 
rior  in  weight  of  metal  as  well  as  in 
the  number  of  her  guns.  Truxtun  re 
ceived  a  gold  medal  from  Congress,  as 
a  token  of  approbation  of  his  gallantry ; 
an  honor  which  he  well  deserved.* 

It  was  in  May  of  this  year,  that  Bain- 
bridge  was  sent  in  the  George  "Wash 
ington  to  carry  the  tribute  to  the  dey 
of  Algiers.  He  reached  his  destination 


*  See  Cooper's  "Naval  History"  vol.  L,  pp.  172-74 
See  also  Benton's  "  Abridgement  of  the  Debates  of 
Congress"  vol.  ii.,  pp.  4G9-72.  The  medal  was  be 
stowed  by  a  vote  of  eighty-seven  to  four,  John  Ran 
dolph  being  one  of  the  four. 


Cu.  X11I.] 


NEGOTIATIONS  AT  PARIS. 


503 


in  September,  and  "  feeling  that  lie  had 
come  on  a  duty,  which,  at  least,  entitled 
him  to  the  hospitalities  of  the  dey, 
Captain  Bainbridge  ran  in,  and  an 
chored  under  the  mole.  As  soon  as 
the  tribute,  or  presents,"  says  Cooper, 
"  whichever  it  may  suit  the  tone  of  di 
plomatists  to  term  them,  were  put  into 
the  hands  of  the  consul,  the  request 
was  made  of  Captain  Bainbridge,  to 
place  his  ship  at  the  disposal  of  the 
dey,  with  a  sole  view  to  the  conve 
nience  and  policy  of  that  prince."  The 
fact  was,  that  the  dey  had  a  piece  of 
service  to  be  performed,  which  it  was 
not  at  all  safe  for  any  of  his  people  to 
undertake ;  so,  under  terrible  menaces 
if  disobedient,  he  prevailed  upon  Bain 
bridge  to  set  sail  for  Constantinople 
in  behalf  of  the  dey.  We  must  refer 
the  reader  to  our  naval  historian  for  an 
account  of  this  visit  to  the  capital  of 
Turkey,  and  for  his  judicious  remarks 
upon  Bainbridge's  course  in  the  whole 
matter.  On  his  return,  at  the  close  of 
January,  1801,  he  would  not  trust  him 
self  within  the  mole,  until  he  had  re 
ceived  the  dey's  assurance  not  to  ask 
him  to  be  his  carrier  again ;  yet  he  did 
not  escape  without  a  violent  altercation 
with  him,  in  which  nothing  but  the 
sight  of  the  sultan's  firman  of  protec 
tion  saved  him  from  personal  violence. 
The  gallant  but  most  undiplomatic  sea 
man  generously  used  his  unexpected 
favor  with  the  dey,  in  behalf  of  some 
fifty  or  sixty  Frenchmen,  who  had  been 
condemned  to  slavery,  when  he  de 
clared  war  upon  France. 

The  American  envoys,  as  above  re 
lated,  (p.  460,)  left  the  United  States 
early  in  November,  1799,  and  arrived 


at  Lisbon  on  the  2*7th.  Here  they 
learned  that  Napoleon  had  accom 
plished  the  Revolution  of  18th  Bru- 
maire,  had  driven  the  council  from  its 
halls  at  the  point  of  the  bayonet,  had 
dissolved  the  Directory,  overturned  the 
constitution,  and  seated  himself  in  pow 
er  as  First  Consul.  On  the  8th  of  De 
cember,  they  determined  to  proceed  on 
their  mission ;  but  they  were  detained 
by  contrary  winds,  and  finally  put  in 
to  Corunna,  which  port  they  reached 
on  the  16th  of  January,  1800.  Talley 
rand,  who  could  accommodate  himself 
to  any  change  of  rulers,  was  still  in 
office,  and  to  him  the  envoys  wrote, 
before  proceeding  further.  His  answer 
was,  that  they  "were  expected  with 
impatience,  and  would  be  received  with 
warmth,"  and  urged  them  to  come  on 
at  once.  The  envoys  reached  Paris  on 
the  2d  of  March.  Joseph  Bo 
naparte,  Fleurien,  and  Roederer 
were,  in  a  few  days,  appointed  by  Na 
poleon,  (who  had  received  them  with 
out  delay,)  and  early  in  April,  the  ne 
gotiations,  commenced  in  good  earnest. 
The  claims  and  the  expectations  of 
the  contracting  parties  were  so  incom 
patible,  that  at  times  it  seemed  impos 
sible  to  bring  the  negotiations  to  a 
happy  issue.  And  the  absence  of  Na 
poleon  from  Paris  was  as  embarrassing 
to  the  French  commissioners,  as  the 
definite  instructions  devised  at  Tren 
ton  were  to  the  Americans.  America 
claimed  compensation  for  the  depreda 
tions  upon  her  commerce,  but  France 
could  not  undertake  to  pay  any  indem 
nities,  having  no  money.  On  the  other 
hand,  France  desired  the  continuance 
of  the  former  treaties,  and  America 


1§OO. 


CLOSE    OF    ADAMS'S    ADMINISTRATION. 


rv. 


insisted  upon  their  being  voided  by  re 
cent  events.  If  the  treaties  were  al 
lowed  to  stand,  the  French  would  stip 
ulate  respecting  indemnities ;  but  other 
wise  they  would  not  hear  of  them. 
The  Americans,  again,  proposed  to  dis 
charge  the  obligations  of  those  treaties, 
but  to  renew  them  in  other  respects, 
and  then  to  claim  the  compensations 
spoken  of.  And  France  would  not  con 
sent  to  this,  any  more  than  the  United 
States  would  accept  her  proposals. 

At  length  the  American  envoys 
started  the  project  of  a  "Convention," 
and  the  disputed  questions  were  left 
for  future  negotiation  ; — the  great  point 
being  to  put  an  end  to  the  quasi-war, 
and  to  obtain  the  recognition  of  their 
own  neutrality.  This  was  agreed  to, 
and  on  the  3d  of  September,  1800,  such 
a  "  Convention  "  was  signed.  The  older 
treaties  were  suspended  for  further  con 
sideration,  and  the  demands  for  indem 
nities,  in  like  manner,  put  off  for  the 
present.  National  vessels  captured  by 
either  party  were  to  be  given  up.* 
The  other  articles  provided  for  the 
restoration  of  uncondemned  captured 
property,  on  both  sides,  unless  it  was 
contraband ;  and  a  form  of  passport 
for  the  proof  of  property  for  merchant 
vessels  was  drawn  up.  The  payment 

*  These  two  articles  were  not  sanctioned  by  the 
Senate ;  and  the  matters  treated  of  in  them  were  not 
settled  until  after  Mr.  Adams  retired  from  office.  Jef 
ferson  writing  to  Madison,  in  December,  says  of  the 
"  Convention,"  "  it  is  a  real  treaty,  and  without  limit 
ation  of  time.  It  has  some  disagreeable  features,  and 
will  endanger  the  compromitting  us  with  Great  Brit 
ain."  "I  believe  it  will  meet  with  opposition  from 
both  sides  of  the  House.  It  has  been  a  bungling  nego 
tiation."  And  a  week  later, — "The  French  treaty 
will  bo  violently  opposed  by  the  federalists ;  the  giv 
ing  up  the  vessels  is  the  article  they  cannot  swallow." 


of  debts  was  also  stipulated.  In  each 
case  the  other  party  was  put  upon  an 
equal  footing  with  the  most  favored 
nation.  And  in  twenty  other  articles 
provision  was  made  for  the  protection 
of  the  commerce  of  the  United  States, 
against  such  depredations  and  attacks 
as  had  been  made  upon  it  by  the 
French  privateers,  under  sanction  of 
the  French  government,  and  which  had 
led  to  the  rupture  between  the  nations. 

Mr.  Gibbs  (vol.  ii.,  p.  439)  is  of 
opinion,  that  no  advantages  resulted 
from  this  treaty,  and  that  the  United 
States  might  better  have  persisted  in 
their  former  policy.  Mr.  C.  F.  Adams 
(vol.  i.,  p.  575)  admits,  that  the  treaty 
"  touched  but  lightly  on  the  causes  of 
grievance  between  the  two  countries, 
and  seemed  to  grant  little  redress  to 
the  wrongs  of  which  America  justly 
complained."  But  he  claims,  that  "it 
gained  what  was  of  more  worth  to 
them  ;  and  that  was  a  termination  of 
all  further  danger  of  war,  and  a  pre 
vention  of  the  causes  of  future  difficul 
ties It  is  sufficient  to  say, 

that  these  measures  had  the  effect  of 
re-establishing  the  neutral  policy  of  the 
United  States,  which  had  been  for  years 
in  imminent  peril,  and  of  smoothing  the 
way  to  the  period  of  great  prosperity 
which  followed.  It  is  difficult  to  imagine 
any  other  result  of  the  turmoil  and 
conflict  of  opinions  that  had  so  long 
prevailed,  which,  on  the  whole,  deserved 
to  insure  a  better  return  of  gratitude 
to  its  authors,  from  the  great  body  of 
citizens  most  deeply  interested  in  the 
country's  welfare." 

The  president  was  not  able  to  an 
nounce  the  result  of  the  French  mission 


CH.  XIII.] 


NEW    YORK    POLITICAL    PARTIES. 


505 


at  the  opening  of  Congress  in  the  city 
of  Washington  ;  but  very  shortly  after 
wards  General  Davie  returned  to  Amer 
ica  with  the  Convention  ;  and  it  formed 
a  principal  subject  of  debate  for  the 
short  period  during  which  the  session 
lasted.  The  Senate  refused  to  sanction 
two  of  its  articles;  and  Adams,  in 
February,  1801,  ratified  it  thus  abridg 
ed,  and  nominated  James  A.  Bayard, 
minister-plenipotentiary,  to  convey  the 
ratification  to  France,  and  continue  the 
intercourse  thus  happily  begun.  Bayard, 
however,  would  not  accept  the  appoint 
ment,  and  matters  were  left  in  statu  qiio, 
for  Adams's  successor  to  deal  with. 

The  dissensions  in  the  federal  party, 
after  the  death  of  Washington,  seemed 
to  be  increasing  in  acerbity  and  vio 
lence.  They  were  watched  keenly  by 
the  opposite  party,  who  augured  well 
of  success  through  the  internal  discord 
of  their  foes.  How  sagaciously  the  dem 
ocratic  leaders  acted,  the  course  of  our 
narrative  will  show. 

The  state  of  New  York,  which  was 
one  of  the  most  important  in  the  Union, 
was  about  to  hold  its  election  for 
members  of  the  legislature. 
Parties  were  nearly  equally 
balanced,  and  it  remained  to  be  seen 
which  should  gain  the  ascendency. 
Hamilton  was  indefatigable  on  the 
federal  side.  Aaron  Burr  labored  as 
siduously  on  the  other.*  The  family 
feuds  of  the  Clintons,  the  Livingstons 

'  O 

and  others,  in  the  state,  weakened  the 
democratic  party.  Burr  devoted  him 
self  1o  the  harmonizing  of  these  dif- 


*  See  Hammond's  "History  of  Political  Parties  in 
the  State  of  New  York"  vol.  L,  p.  146,  etc. 


1SOO. 


ferences  and  arraying  the  entire  party 
against  the  federalists ;  and  it  is  evidence 
of  his  political  astuteness  and  ability 
that  he  succeeded  in  his  efforts.  The 
preliminary  steps, — the  formation  of  a 
strong  republican  assembly  ticket  for 
the  city  of  New  York,  the  persuasion 
of  those  nominated  to  stand  as  candi 
dates,  and  the  actually  getting  them 
elected, — were  made  sure  by  the  ac 
tivity  and  finesse  of  Burr.  And  then 
Hamilton,  as  is  generally  believed, — for 
the  son  of  Mr.  Jay  simply  styles  the 
writer  of  the  letter  "one  of  the  most 
distinguished  and  influential  federalists 
in  the  United  States," — proposed  to 
Governor  Jay,  what  would  have  been 
in  fact  a  coup  d'etat,  to  summon  the 
legislature,  the  majority  of  which  was 
federalist,  and  at  once  to  enact  a  statute 
altering  the  method  of  choosing  the 
presidential  electors,  to  that  by  the 
people  in  districts,  which  would  "  insure 
a  majority  of  voters  in  the  United 
States  for  the  federal  candidate."  We 
have  had  occasion  to  speak  of  John 
Jay  with  sincere  respect  already;  the 
very  highest  terms  would  be  warranted 
by  his  endorsement  of  the  letter  con 
taining  this  suggestion, — "  Proposing  a 
measure  for  party  purposes,  which  1 
think  it  would  not  become  me  to 
adopt."  And  it  was  not  adopted,  and 
the  consequences  followed,  which  were 
anticipated  by  the  author  of  the  letter 
to  Mr.  Jay.* 

The  prospects  of  the  defeat  of  the 
federal  party  were  not  lessened  by  the 
results  of  the  New  York  election.  The 


*  For  this  letter,  see  "  Life  of  John  Jay"  vol.  i., 
pp.  412-14. 


506 


CLOSE   OF  ADAMS'S   ADMINISTRATION. 


[BK.  IV 


several  sections  of  the  party  were  in 
great  distress  as  well  as  difficulty,  and 
"it  was  evident,"  as  Mr.  Gibbs  says, 
"  that  there  was  no  ground  upon  which 
the  party  could  be  united,  with  sincerity 
and  good  will."  Some  wished  to  act 
openly  and  drop  Mr.  Adams  entirely, 
rallying  upon  General  Pinckney,  or 
some  other  strong  man ;  others  wished 
for  the  same  result,  but  did  not  see  how 
to  accomplish  it;  and  others  again  de 
termined  that  the  president  ought  to  be 
at  all  hazards  supported  for  re-election. 
The  federal  members  of  Congress 

O 

held  a  caucus  just  before  the  close  of 
the  session,  in  May,  and  the  result  was, 
that  John  Adams  and  Charles  Cotes- 
worth  Pinckney  were  fixed  upon  as  the 
federal  candidates,  it  being  understood 
rather  than  avowed,  that  the  former 
was  to  be  the  president  and  the  latter 
the  vice-president.  In  reality,  a  portion 
of  the  federalists,  and  a  power 
ful  portion,  too,  made  up  their 
minds  to  endeavor  to  defeat  Mr. 
Adams's  election  to  the  highest  office, 
by  giving  out  confidentially  that  he 
was  not  fit  for  the  post,  that  his  defects 
of  character  and  the  like  rendered  it 
unsafe  to  re-elect  him,  and  that  the  pre 
ponderance  must  be  given  to  General 
Pinckney.  Mr.  C.  F.  Adams  denounces 
this  as  bad  faith,  and  says,  "  the  moment 
when  an  active  minority  determined  to 
adopt  a  line  of  conduct  marked  by  in 
directness  of  purpose  even  to  treachery, 
was  the  moment  when  wise  and  patri 
otic  citizens  had  reason  to  foresee  for 
the  federal  party  that  shipwreck  must 
inevitably  ensue." 

The  democratic  party,  on  their  side, 
were  much  better  organized  and  found 


I  §00. 


no  difficulty  in  agreeing  upon  their  can 
didates,  and  in  hearty  working  for  their 
election.  Aaron  Burr  had  proved  him 
self  so  valuable  an  ally,  that  his  name 
was  placed  with  Jefferson's  on  the 
ticket,  and  it  was  not  doubted  that  he 
would  run  well  especially  in  the  middle 
states.  Thus  the  two  parties  stood 
arrayed,  waiting  the  decisive  hour  of 
the  conflict  now  not  far  off.*. 

In  the  month  of  June,  by  direction 
of  the  president,  the  public  offices,  pa 
pers,  etc.,  were  removed  to  the  new 
federal  city  on  the  banks  of  the  Poto 
mac,  where  Congress  was  to  hold  its 
next  session,  on  the  third  Monday  of 
November.  It  will  be  a  pleasant  re 
lief,  to  quote  from  Mrs.  Adams's  letter 
to  her  daughter,  a  graphic  account  of 
the  city  of  Washington,  as  it  was  in 
the  days  of  its  infancy.  Her  letter 
was  written  in  November,  1800.  I  ar 
rived  here,"  she  says,  "  on  Sunday  last, 
and  without  meeting  any  acci 
dent  worth  noticing,  except  los 
ing  ourselves  when  we  left  Baltimore, 
and  going  eight  or  nine  miles  on  the 
Frederic  road,  by  which  means  we 
were  obliged  to  go  the  other  eight 
through  the  woods,  where  we  wan 
dered  two  hours  without  findino*  a 

o 

*  In  a  letter  to  Dr.  Rush  of  Philadelphia,  under 
date  of  September  23d,  Jefferson  speaks  of  the  hostility 
of  the  clergy  of  the  country  towards  him  and  his 
principles,  and  he  even  imputes  to  them  hopes,  which 
there  is  not  the  slightest  reason  to  believe  were  ever  en 
tertained,  cf  being  able  to  accomplish  a  union  of  church 
and  state.  "  The  returning  good  sense  of  the  country," 
he  adds,  "threatens  abortion  to  their  hopes,  and  they 
believe  that  any  portion  of  power  confided  to  me,  will 
be  exerted  in  opposition  to  their  schemes.  And  they 
believe  rightly;  for  I  have  sworn  upon  the  altar  of 
God  eternal  hostility  against  every  form  of  tyranny 
over  the  mind  of  man." 


1§OO. 


Cn.  XIII.] 


MRS.   ADAMS'S   LETTER. 


507 


guide  or  the  path.  Fortunately,  a 
straggling  black  came  up  with  us,  and 
we  engaged  him  as  a  guide  to  extricate 
us  out  of  our  difficulty;  but  woods  are 
all  you  see,  from  Baltimore,  until  you 
reach  the  city, — which  is  only  so  in 
name.  Here  and  there  is  a  small  cot, 
without  a  glass  window,  interspersed 
among  the  forests,  through  which  you 
travel  miles  without  seeing  any  human 
being." 

Her  account  of  the  president's  offi 
cial  residence  is  equally  entertaining. 
"  The  house  is  upon  a  grand  and  superb 
scale,  requiring  about  thirty  servants 
to  attend  and  keep  the  apartments  in 
proper  order,  and  perform  the  ordinary 
business  of  the  house  and  stables:  an 
establishment  very  weU  proportioned  to 
the  president's  salary!  The  lighting 
the  apartments,  from  the  kitchen  to 
parlors  and  chambers,  is  a  tax  indeed ; 
and  the  fires  we  are  obliged  to  keep, 
to  secure  us  from  daily  agues,  is  another 
cheering  comfort ! 

"  If  they  will  put  me  up  some  bells, 
(there  is  not  one  hung  in  the  whole 
house,  and  promises  are  all  you  can  ob 
tain  !)  and  let  me  have  wood  enough  to 
keep  fires,  I  design  to  be  pleased.  I  could 
content  myself  almost  anywhere  three 
months ;  but,  surrounded  with  forests, 
can  you  believe  that  wood  is  not  to  be 
had  ? — because  people  cannot  be  found 
to  cut  and  cart  it !  Briesler  entered 
into  a  contract  with  a  man  to  supply 
him  with  wood ;  a  small  part  (a  few 
cords)  only  has  he  been  able  to  get. 
Most  of  that  was  expended  to  dry  the 
walls  of  the  house  before  we  came  in ; 
and  yesterday  the  man  told  him  it  was 
impossible  to  procure  it  to  be  cut  and 


carted.  He  has  had  recourse  to  coals  ; 
but  we  cannot  get  grates  made  and  set. 
We  have  come  indeed  into  a  *  new  coun 
try.'  The  house  is  made  habitable,  but 
there  is  not  a  single  apartment  finished, 
and  all  withinside,  except  the  plaster 
ing,  has  been  done  since  Briesler  came. 
We  have  not  the  least  fence,  yard, 
or  other  convenience  without,  and  the 
great  unfinished  audience-room  I  make 
a  drying-room  of,  to  hang  up  the 
clothes  in.  The  principal  stairs  are  not 
up,  and  will  not  be  this  winter.  Six 
chambers  are  made  comfortable ;  two 
are  occupied  by  the  president  and  Mr. 
Shaw ;  two  lower  rooms,  one  for  a  com 
mon  parlor,  and  one  for  a  levee-room. 
Up  stairs  there  is  the  oval  room,  which 
is  designed  for  the  drawing-room,-  and 
has  the  crimson  furniture  in  it.  It  is  a 
very  handsome  room  now ;  but  when 
completed,  it  will  be  beautiful." 

There  was  not,  certainly,  much  of  the 
pomp  of  royalty  in  such  an  official  resi 
dence  as  this :  and  Jefferson  might  have 
discovered  many  wiser  reasons  than 
those  he  suggested  to  his  correspon 
dents,  for  Adams's  manifest  reluctance 
to  take  up  his  abode,  for  a  few  months, 
in  a  house  which  was  accessible  by 
little  better  than  a  "  blazed  track,"  and 
where  there  was  no  fuel  to  be  had,  nor 
a  bell  hung,  and  not  even  a  yard  for 
the  president's  wife  "to  hang  up  the 
clothes  in"  to  be  dried. 

These  domestic  tribulations,  such  as 
they  were,  were  by  no  means  of  such 
ill  omen  to  the  new  city  as  were  two 
conflagrations  which  happened  in  this 
first  winter.  In  the  first,  the  office  of 
the  secretary  of  war  was  destroyed,  and 
many  documents  of  great  importance 


508 


CLOSE    OF   ADAMS'S   ADMINISTRATION. 


[BK.  IV. 


perished ;  in  the  other,  the  treasury 
offices  suffered,  and  some  records  were 
lost  there.  "The  Aurora,"  with  the 
usual  fairness  of  party  papers,  asserted 
that  they  were  not  accidental ;  and  that 
it  was  for  reasons  best  known  to  the 
persons  concerned,  who  found  the  pres 
ervation  of  certain  papers  and  accounts 
inconvenient,  that  so  expensive  and 
round-about  a  way  of  getting  rid  of 
them  was  devised. 

During  the  summer  of  this  year,  the 
second  census  of  the  Union  was  taken. 
The  total  population  was  divided  into 
twelve  classes ;  each  sex  of  the  free 
whites  being  distributed  into  five  clas 
ses,  according  to  age ;  "  all  other  per 
sons,"  except  Indians  not  taxed,  form 
ing  the  eleventh  class ;  and  the  slaves 
the  twelfth.  There  is  some  discrepancy 
in  the  enumeration  of  the  population ; 
the  result,  however,  is  as  follows:  in 
the  free  states,  there  were  2,601,509 
whites;  47,154  free  colored;  35,946 
slaves ;  total,  in  the  free  states, — 
2,684,609.  In  the  slave  states,  there 
were,  1,702,980  whites;  61,241  free 
colored;  857,095  slaves;  total  in  the 
slave  states,  2,621,316.  The  grand  to 
tal  consequently  was,  5,305,925;  being 
nearly  a  million  and  a  half  increase 
during  the  past  ten  years. 

In  the  progress  of  the  political  con 
test  in  which  the  federalists  were  en 
gaged,  Hamilton,  after  careful  exami 
nation,  seems  to  have  become  convinced 
that  John  Adams  could  not  be  broken 
down  in  New  England,  and  that  it 
was  hardly  possible  to  hope  to  obtain 
an  equal  vote  for  General  Pinckney. 
Something  must  be  done,  or  it  was 
plain,  that  the  success  of  the  party 


wrould  place  Adams  again  in  the  presi 
dential  chair  ;  a  result  which  Hamilton 
and  others  deprecated  most  earnestly. 

Adams,  who  was  noted  for  free  and 
unguarded  speech,  had  over  and  over 
again  denounced  that  portion  of  the 
federal  party  wrho  did  not  favor  his 
measures,  as  a  British  faction,  and  had 
especially  named  Hamilton  in  this  con 
nection.  This  gave  the  latter  an  op 
portunity  to  call  upon  the  president 
for  an  explanation  of  his  language  on 
this  subject.  On  the  1st  of  August,  he 

*J  O  / 

wrote  to  John  Adams,  demanding  the 

'  O 

grounds  of  such  assertions  or  charges, 
respecting  him.  No  answer  was  re 
ceived,  perhaps  none  was  expected. 
On  the  1st  of  October,  Hamilton  wrote 
again,  and  deliberately  pronounced  ev 
ery  charge  of  the  kind,  as  "  a  base, 
wicked  calumny ;"  and  immediately  af 
ter,  resolved  upon  a  further  step,  which 
had  a  most  important  influence  upon 
the  result  of  the  contest  between  the 
federalists  and  democrats.* 

Hamilton's  intimate  relations  with 
members  of  the  cabinet,  gave  him  ac 
cess  to  many  facts  and  circumstances 
which  he  determined  to  use  to 
the  discredit  of  Mr.  Adams, 
and,  as  far  as  possible,  draw  off  from 
him  the  votes  that  he  otherwise  would 
receive  at  the  hands  of  the  federal 
ists.  Accordingly,  in  the  month  of 
October,  lie  prepared  the  celebrated 
"  Letter  concerning  the  Public  Conduct 
and  Character  of  John  Adams,  Esq., 
President  of  the  United  States."  His 

*  For  some  rather  free,  and  far  from  complimentary 
remarks  upon  the  second  president  and  his  idiosyncra 
sies,  see  Garland's  "  Life  of  John  Randolph"  vol  i., 
pp.  142-143. 


ISOO. 


Cn.  XIII.] 


HAMILTON'S   LETTER  AGAINST  ADAMS. 


object  was,  as  Mr.  Gibbs  states  it,  (vol. 
ii.,  p.  4:29,)  to  "vindicate  himself  and 
his  friends,  in  their  political  conduct, 
from  unjust  reproaches,  and  to  procure 
a  joint  support  of  the  second  candidate 
of  the  party.  The  writer,  notwith 
standing  a  full  and  candid  exposition 
of  his  objections  to  Mr.  Adams,  and 
his  apprehension  that,  under  his  future 
auspices,  the  federal  policy  might  totter 
and  fall,  disclaimed  all  wish  to  with 
draw  fro'm  him  a  single  vote,  or  to  op 
pose  any  obstacle  to  his  election."* 

The  letter  was  printed  by  Hamilton 
in  the  last  week  of  October,  only  a 
short  time  before  the  choice  of  electors 
was  to  be  made  in  the  different  states. 
It  was  intended  to  be  used  at  the  south 
especially,  and  for  limited  and  private 
circulation  even  there.  But,  in  some 
unexplained  way,  a  copy  of  the  letter 
was  obtained  from  the  press  by  Aaron 
Burr,  who  was  capable  of  any  infa 
mous  conduct  in  order  to  destroy  Ham 
ilton.  Burr  printed  the  letter  in  the 
papers,  and  thus  brought  the  wrhole 
subject  before  the  public  at  large.  As 
a  political  movement,  Hamilton's  was 
undoubtedly  a  blunder,  and  it  afforded 


*  "  So  soon  as  the  news  of  Mr.  Hamilton's  pam 
phlet  went  abroad,  men  of  all  parties  naturally  ex 
pected  disclosures  of  the  gravest  offences,  involving 
the  moral  and  political  integrity  of  the  president 
What  was  their  surprise  then,  to  discover  in  the 
course  of  thirty  printed  pages,  that  the  proof  relied 
upon  to  show  Mr.  Adams  to  be  utterly  unh't  to  be 
president,  were  not  deemed  by  the  author  himself, 
sufficient  to  prevent  his  advising  his  friends  not  to 
withhold  from  the  object  of  his  invective,  one  single 
vote!"  Mr.  C.  F.  Adams  bestows  a  searching  exami 
nation  upon  this  letter,  and  the  circumstances  con 
nected  with  it ;  especially  the  share  that  Oliver  Wol- 
cott  had  in  the  matter.  Sec  "  Life  and  Works  of 
John  Adams"  voL  i.,  pp  576-589. 

VOL.  II.— 64 


Burr  and  the  democratic  party  an  op 
portunity  to  profit  immensely  by  the 
discord  of  their  rivals.  The  republi 
cans  plucked  up  courage,  just  in  pro 
portion  as  the  federalists  were  annoyed, 
vexed,  and  angered,  by  this  step  on  the 
part  of  Hamilton.  "  So  fluctuating  had 
been  their  confidence  in  their  power  to 
overthrow  Mr.  Adams,  that  even  their 
sanguine  chief  had  more  than  once 
entertained  the  notion  of  abandoning 

O 

opposition  to  him,  and  directing  the 
strength  of  his  party  to  the  question 
of  the  succession.  But  this  pamphlet 
did  more  to  invigorate  them  than  all 
their  own  efforts."  As  Duane  said,  in 
sen-ding  a  copy  of  it  to  General  Collot, 
in  Paris,  "  This  pamphlet  has  done  more 
mischief  to  the  parties  coucernedr  than 
all  the  labors  of  the  Aurora." 

In  justice  to  Mr.  Hamilton,  it  must 
be  admitted,  we  think,  that,  had  the 
personal  feeling  displayed  by  him  been 
'far  more  virulent  than  it  was,  it  wrould 
have  been  explicable,  though  hardly 
defensible;  for  it  was  well  known 
amonsr  the  leading  federalists,  that  Ad- 

o  o 

ams  had  levelled  at  him  all  the  sarcasm, 
and  satire,  and  inuendo,  he  could  by 
any  means  command  in  his  private  and 
semi-official  correspondence.  And  "  the 
Cunningham  Letters  "  are  a  standing 
illustration  of  what  the  second  presi 
dent  could  do  in  that  species  of  party 
warfare. 

As  the  time  for  choosing  the  electors 
for  president  and  vice-president  drew 
near,  no  little  anxiety  was  manifested 
by  both  parties,  as  to  the  probable  re 
sult.  The  schemes  for  choosing  the 
electors,  depending  upon  the  state  leg 
islatures,  varied  with  the  majorities  in 


510 


CLOSE    OF  ADAMS'S   ADMINISTRATION. 


[BK.  IV. 


them ;  and  different  plans  were  adopted 
according  to  the  hopes  of  the  dominant 
p"rty,  that  by  one  or  other  of  them 
they  would  succeed  in  carrying  their 
own  candidate.  New  intrigues,  as  a 
necessary  consequence,  were  set  on  foot, 
compromises  proposed,  both  to  secure 
the  choice  of  electors  of  known  opin 
ions,  and  to  influence  their  votes,  after 
they  had  been  chosen.*  In  this  condi 
tion  of  affairs,  the  second  session  of  the 
sixth  Congress  was  begun  at  the  city 
of  Washington,  on  the  1*7 th  of  Novem 
ber,  1800. 

The  president's  speech  was  delivered 
in  the  Senate-chamber,  on  the  22d  of 
November.  As  it  was  destined  to  be 
his  last,  as  it  was  "  more  exclusively  his 
own  work  than  any  of  its  predecessors," 
we  give  the  speech  in  full. 

"Gentlemen  of  the  Senate,  and  Gentlemen 
of  tlie  House  of  Representatives  :— 
"  Immediately  after  the  adjournment* 
of   Congress,   at   their  last  session   in 
Philadelphia,  I  gave  directions,  in  corn- 


*  The  Senate,  in  March,  (see  Benton's  "Abridgement 
of  Debates"  vol.  ii.,  pp.  408-426,)  had  recommended 
to  the  president  to  prosecute  Duane,  the  editor  of  the 
"  Aurora,"  for  his  "  false,  defamatory,  scandalous,  and 
malicious  publications  "  respecting  the  course  pursued 
by  that  body  in  regard  to  a  bill  before  them.  But  the 
interest  of  those  who  watched  the  action  of  the  sedi 
tion  law,  as  one  of  the  levers  by  which  the  federalists 
were  to  be  deprived  of  their  supremacy,  was  centred 
in  the  trials  of  Holt,  Cooper,  and  Callendcr,  during 
the  critical  period  of  the  canvass  and  the  agitation  pre 
ceding  the  presidential  election.  There  is  nothing  of 
moment  to  our  purpose  in  the  reports  of  these  trials, 
nor  would  they  merit  even  this  passing  reference,  if  the 
verdicts  and  the  sentences  had  not  been  held  up  and 
used  for  electioneering  purposes,  as  proofs  of  the  de 
signs  of  the  federalists  to  establish  a  monarchy,  or  a 
despotism,  or  a  "  reign  of  terror,"  or  some  other  dread 
ful  thing. 


pliance  with  the  laws,  for  the  removal 
of  the  public  offices,  records,  and  prop 
erty.  These  directions  have  been  exe 
cuted,  and  the  public  officers  have  since 
resided  and  conducted  the  ordinary 
business  of  the  government  in  this 
place. 

"I  congratulate  the  people  of  the 
United  States  on  the  assembling  of 
Congress  at  the  permanent  seat  of  their 
government,  and  I  congratulate  you, 
gentlemen,  on  the  prospect  of  a  resi 
dence  not  to  be  changed.  Although 

O  o 

there  is  cause  to  apprehend  that  accom 
modations  are  not  now  so  complete  as 
might  be  wished,  yet  there  is  great  rea 
son  to  believe  that  this  inconvenience 
will  cease  with  the  present  session. 

"It  would  be  unbecoming  the  Rep 
resentatives  of  this  nation  to  assemble 
for  the  first  time  in  this  solemn  temple, 
without  looking  up  to  the  Supreme 
Ruler  of  the  universe  and  imploring 
His  blessing. 

"  May  this  territory  be  the  residence 
of  virtue  and  happiness  !  In  this  city 
may  that  piety  and  virtue,  that  wisdom 
and  magnanimity,  that  constancy  and 
self-government,  which  adorned  the 
great  character  whose  name  it  bears, 
be  forever  held  in  veneration  !  Here, 
and  throughout  our  country,  may  sim 
ple  manners,  pure  morals,  and  true  re 
ligion,  flourish  forever ! 

"  It  is  with  you,  gentlemen,  to  con 
sider  whether  the  local  powers  over  the 
District  of  Columbia  vested  by  the 
Constitution  in  the  Congress  of  the 
United  States  shall  be  immediately  ex 
ercised.  If  in  your  opinion  this  im 
portant  trust  ought  now  to  be  execut 
ed,  you  cannot  fail,  while  performing 


r...  xiii.] 


THE   PRESIDENT'S   SPEECH. 


511 


it,  to  take  into  view  the  future  probable 
situation  of  the  territory  for  the  happi 
ness  of  which  you  are  about  to  provide. 
You  will  consider  it  as  the  capital  of  a 
great  nation  advancing  with  unexam 
pled  rapidity  in  arts,  in  commerce,  in 
wealth,  and  in  population  ;  and  possess 
ing  within  itself  those  energies  and  re 
sources  which,  if  not  thrown  away  or 
lamentably  misdirected,  will  secure  to 
it  a  long  course  of  prosperity  and  self- 
government. 

"  In  compliance  with  a  law  of  the  last 
session  of  Congress,  the  officers  and  sol 
diers  of  the  temporary  army  have  been 
discharged.  It  affords  real  pleasure  to 
recollect  the  honorable  testimony  they 
gave  to  the  patriotic  motives  which 
brought  them  into  the  service  of  their 

O 

country,  by  the  readiness  and  regularity 
with  which  they  returned  to  the  station 
of  private  citizens. 

"  It  is  in  every  point  of  view  of  such 
primary  importance  to  carry  the  laws 
into  prompt  and  faithful  execution,  and 
to  render  that  part  of  the  administra 
tion  of  justice  which  the  Constitution 
and  laws  devolve  on  the  federal  courts 
as  convenient  to  the  people  as  may  con 
sist  with  their  present  circumstances, 
that  I  cannot  omit  once  more  to  re 
commend  to  your  consideration  the 
judiciary  system  of  the  United  States. 
No  subject  is  more  interesting  than  this 
to  the  public  happiness,  and  to  none 
can  those  improvements  which  may 
have  been  suggested  by  experience  be 
more  beneficially  applied. 

"  A  treaty  of  amity  and  commerce 
with  the  king  of  Prussia  has  been  con 
cluded  and  ratified.  The  ratifications 
have  been  exchanged,  and  I  have  di 


rected  the  treaty  to  be  promulgated 
by  proclamation. 

"  The  difficulties  which  suspend  the 
execution  of  the  sixth  article  of  our 
treaty  of  amity,  commerce,  and  naviga 
tion,  with  Great  Britain,  have  not  yet 
been  removed.  The  negotiation  on  this 
subject  is  still  depending.  As  it  must 
be  for  the  interest  and  honor  of  both 
nations  to  adjust  this  difference  with 
good  faith,  I  indulge  confidently  the 
expectation  that  the  sincere  endeavors 
of  the  government  of  the  United  States 
to  bring  it  to  an  amicable  termination 
will  not  be  disappointed. 

"  The  envoys  extraordinary  and  min 
isters-plenipotentiary  from  the  United 
States  to  France  were  received  by  the 
first  consul  with  the  respect  due  to -their 
characters,  and  three  persons  with  equal 
powers  were  appointed  to  treat  with 
them.  Although  at  the  date  of  the 
last  official  intelligence  the  negotiation 
had  not  terminated,  yet  it  is  to  be 
hoped  that  our  efforts  to  effect  an  ac 
commodation  will  at  length  meet  with 
a  success  proportioned  to  the  sincerity 
with  which  they  have  been  so  often  re 
peated. 

"  While  our  best  endeavors  for  the 
preservation  of  harmony  with  all  na 
tions  will  continue  to  be  used,  the  ex 
perience  of  the  world,  our  own  experi 
ence,  admonishes  us  of  the  insecurity 
of  trusting  too  confidently  to  their  suc 
cess.  We  cannot,  without  committing 
a  dangerous  imprudence,  abandon  those 
measures  of  self-protection  which  were 
adapted  to  our  situation,  and  to  which, 
notwithstanding  our  pacific  policy,  the 
violence  and  injustice  of  others  may 
again  compel  us  to  resort.  While  our 


512 


CLOSE  OF  ADAMS'S   ADMINISTRATION. 


[BK.  IV. 


vast  extent  of  sea-coast,  tlie  commercial 
and  agricultural  habits  of  our  people, 
the  great  capital  they  will  continue  to 
trust  on  the  ocean,  suggest  the  system 
of  defence  which  will  be  most  benefi 
cial  to  ourselves,  our  distance  from  Eu 
rope  and  our  resources  from  maritime 
strength  will  enable  us  to  employ  it 
with  effect.  Seasonable  and  systematic 
arrangements,  so  far  as  our  resources 
will  justify,  for  a  navy  adapted  for  de 
fensive  war,  and  which  may  in  case  of 
necessity  be  quickly  brought  into  use, 
seem  to  be  as  much  recommended  by  a 
wise  and  true  economy  as  by  a  just  re 
gard  for  our  future  tranquillity,  for  the 
safety  of  our  shores,  and  for  the  pro 
tection  of  our  property  committed  to 
the  ocean. 

"The  present  navy  of  the  United 
States,  called  suddenly  into  existence 
by  a  great  national  exigency,  has  raised 
us  in  our  own  esteem,  and  by  the  pro 
tection  afforded  to  our  commerce,  has 
effected,  to  the  extent  of  our  expecta 
tions,  the  object  for  which  it  was  cre 
ated. 

"  In  connection  with  a  navy  ought  to 
be  contemplated  the  fortification  of 
some  of  our  principal  seaports  and  har 
bors.  A  variety  of  considerations, 
which  will  readily  suggest  themselves, 
urge  an  attention  to  this  measure  of 
precaution.'  To  give  security  to  our 
principal  ports  considerable  sums  have 
already  been  expended,  but  the  works 
remain  incomplete.  It  is  for  Congress 
to  determine  whether  additional  appro 
priations  shall  be  made,  in  order  to 
render  competent  to  the  intended  pur 
poses  the  fortifications  which  have  been 
commenced 


"  The  manufacture  of  arms  within  the 
United  States  still  invites  the  attention 
of  the  national  legislature.  At  a  con 
siderable  expense  to  the  public,  this 
manufacture  has  been  brought  to  such 
a  state  of  maturity  as,  with  continued 
encouragement,  will  supersede  the  ne 
cessity  of  future  importations  from  for 
eign  countries. 

"Gentlemen  of  the  House  of  Representa 
tives  : — 

"  I  shall  direct  the  estimates  of  the  ap 
propriations  necessary  for  the  ensuing 
year,  together  with  an  account  of  the 
public  revenue  and  expenditure  to  a 
later  period,  to  be  laid  before  you.  I 
observe  with  much  satisfaction,  that  the 
product  of  the  revenue  during  the  pres 
ent  year  has  been  more  considerable 
than  during  any  former  equal  period. 
This  result  affords  conclusive  evidence 
of  the  great  resources  of  this  country, 
and  of  the  wisdom  and  efficiency  of  the 
measures  which  have  been  adopted  by 
Congress  for  the  protection  of  com 
merce  and  preservation  of  public  credit. 

"  Gentlemen  of  tlie  Senate,  and  Gentlemen 
of  the  House  of  Representatives : — 
"As  one  of  the  grand  community 
of  nations,  our  attention  is  irresistibly 
drawn  to  th-j  important  scenes  which 
surround  us.  If  they  have  exhibited 
an  uncommon  portion  of  calamity,  it  is 
the  province  of  humanity  to  deplore, 
and  of  wisdom  to  avoid,  the  causes 
which  may  have  produced  it.  If,  turn 
ing  our  eyes  homeward,  we  find  reason 
to  rejoice  at  the  prospect  which  presents 
itself;  if  we  perceive  the  interior  of 
oui'  country  prosperous,  free,  and  hap- 


CH.  XIII.] 


ADAMS'S    JUDICIAL    APPOINTMENTS. 


513 


py ;  if  all  enjoy  safety  under  the  pro 
tection  of  laws  emanating  only  from 
the  general  will,  the  fruits  of  their  own 
labor;  we  ought  to  fortify  and  cling  to 
those  institutions  which  have  been  the 
source  of  such  real  felicity,  and  resist 
with  unabating  perseverance  the  pro 
gress  of  those  dangerous  innovations 
which  may  diminish  their  influence. 

u  To  your  patriotism,  gentlemen,  has 
been  confided  the  honorable  duty  of 
guarding  the  public  interests ;  and 
while  the  past  is  to  your  country  a  sure 
pledge  that  it  will  be  faithfully  dis 
charged,  permit  me  to  assure  you  that 
your  labors  to  promote  the  general 
happiness  will  receive  from  me  the 
most  zealous  co-operation." 

The  answer  of  the  Senate  was  brief 
but  cordially  expressed,  concluding 
with  the  assurance  that  "  it  was  impos 
sible  for  the  Senate  to  doubt  of  his  zeal 
ous  co-operation  with  the  legislature  in 
every  effort  to  promote  the  general 
happiness  and  tranquillity  of  the 
Union."  The  House  answered  in  nearly 
the  same  tone,  and  promised  "to  en 
deavor,  on  their  part,  to  testify  by  their 
industry  and  dispatch  the  zeal  and 
sincerity  with  which  they  regarded 
the  public  good." 

The  principal  events  which  marked 
this  session  of  Congress  were,*  the  pas 
sage  of  the  act  "for  the  more  conve 
nient  organization  of  the  courts  of  the 
United  States,"  which  became  a  law 
on  the  13th  of  February,  1801;  and 


*  For  the  debates  on  the  mausoleum  to  Washing 
ton  ;  on  reporting  the  debates  of  Congress ;  on  the 
bill  for  the  government  of  the  District  of  Columbia; 
etc.;  sec  Benton's  "Abridgement  of  the  Debates  of 
Congress,'11  vol.  ii.,  pp  501-39. 


the  election  of  a  president  of  the 
United  States,  for  the  first  time  by  the 
House  of  Representatives. 

In   regard   to   the    judiciary,   some 
reform  was  certainly  necessary 

1  8A1 

at  this  time;  for,  in  conse 
quence  of  various  statutes,  the  busi 
ness  of  the  courts  had  increased  be 
yond  the  power  of  the  existing  offi 
cers  to  attend  to  it.  And  the  opposi 
tion  offered  to  the  bill,  was  of  a  kind 
to  show  that  the  republicans  agreed 
with  the  federalists  on  the  principle 
and  the  necessity  of  some  change. 
The  judges  of  the  Supreme  Court 
were,  by  this  act,  relieved  from  the 
performance  of  the  duties  of  circuit 
judges,  and  constituted  a  special  court 
of  appeal  and  error;  and  the  entire 
Union  was  divided  into  six  circuits,  in 
five  of  which  three  judges  each  were 
appointed  to  perform  the  duties  from 
which  the  judges  of  the  Supreme  Court 
were  relieved.  In  the  sixth  circuit 
only  one  judge  was  appointed,  and  he, 
with  two  of  the  district  judges  then  in 
office,  was  to  constitute  a  circuit  court. 
Less  resistance  would  have  been  made, 
had  not  the  opposition  regarded  with 
suspicion  the  probable  design  of  the 
president  in  respect  of  the  officers  cre 
ated  by  this  act ;  and,  very  unwisely, 
we  think,  Mr.  Adams  seized  the  oppor 
tunity  to  fill  up  the  nominations,  select- 
ing  federalists  of  course  ;  and  this  after 
he  knew  that  his  own  tenure  of  office 
expired  on  the  3d  of  the  following 
March,  and  that  his  successor  would 
certainly  be  a  republican.  Out  of  this 
proceeding  of  John  Adams  arose  some 
of  the  most  effective  and  malignant  at 
tacks  upon  the  memory  of  his  admin- 


514 


CLOSE    OF    ADAMS'S    ADMINISTRATION. 


[BK   IV. 


istratiou ;  and  Thomas  Jefferson  re 
sented  this  conduct  of  Mr.  Adams  more 
than  any  thing  else  which  the  second 
president  ever  did. 

Mr.  Ellsworth,  choosing  to  remain  in 
France,  on  account  of  his  health,  sent 
in  his  resignation  of  the  chief-justice 
ship.  Mr.  Adams  offered  the  post  to 
Governor  Jay,  and  on  his  declining, 
tendered  it  to  John  Marshall,  who  was 
appointed  chief  justice  of  the  Supreme 
Court  of  the  United  States,  on  the  27th 
of  January,  1801.  "These  appoint 
ments,"  as  Mr.  C.  F.  Adams  says,  "  ex 
cited  dissatisfaction  on  both  sides.  The 
ultra  federalists  murmured  at  the  nom 
ination  of  Jay  as  useless,  and  com 
plained  that  Patterson  had  been  over 
looked  in  order  to  reward  a  favorite ; 
the  opposition,  that  the  strongest  op 
ponent  of  their  chief  in  Virginia  had 
been  set  as  a  check  over  him.  But 
looking  back  upon  the  events  of  the 
first  half  of  this  century,  and  upon  the 
combination  of  qualities  requisite  to  fill 
that  most  responsible  and  difficult  post 
in  such  a  manner  as  to  consolidate  in 
stead  of  weakening  the  Union,  it  is 
scarcely  possible  for  the  most  preju 
diced  man  to  deny,  that  the  selection  by 
John  Adams  of  John  Marshall  to  be 
chief  justice  of  the  Supreme  Court  of 
the  United  States,  was,  for  its  political 
consequences,  second  in  importance  only 
to  that  virtually  made  by  the  same  in 
dividual,  twenty-five  years  earlier,  of 
George  Washington  as  commander-in 
ch  ief  of  their  armies." 

The  choice  of  electors  in  the  several 
states  for  president  and  vice-president 
having  been  made,  the  result  became 
known  some  time  before  it  was  formally 


and  authoritatively  announced.  The 
republicans  managed  their  canvass  witli 
great  skill  and  with  assured  hope  of 
victory.  Aaron  Burr  seems  to  have 
been  the  hero  of  the  fight  on  this  side  ; 
and  assuredly  he  proved  himself  equal 
to  the  work  which  he  undertook ;  fur 
either  by  his  own  eyes,  or  those  of 
his  agents,  he  detected  every  movement 
of  the  federalists ;  and  they  were  ex 
posed  so  adroitly,  that  they  knew  not 
from  what  quarter  the  unwelcome  light 
fell  upon  their  doings.  Adams  and 
Jefferson  were  restricted  by  their  of 
fices  from  using  any  other  means  than 
their  pens  ;  and  they  plied  them  with 
diligence  enough.  The  activity  of  the 
federalist  leaders,  though  many  of  them 
would  fain  have  turned  it  all  to  the  ac 
count  of  Pinckney  alone,  told  as  much 
in  favor  of  Adams  as  of  him.  So  in 
tensely  bitter  was  the  repugnance  of 
many  of  the  federalists  to  Jefferson, 
that  they  contemplated  casting  all  their 
influence  in  favor  of  making  Burr  pres 
ident;  and  it  wras  very  nearly  accom 
plished,  although  Hamilton  warned  his 
friends  that  Burr  was  a  far  more  dan 
gerous  man  than  Jefferson.  "  There  is 
no  doubt,"  he  said,  in  a  letter  to  Wol- 
cott,  "that  upon  every  virtuous  and 
prudent  calculation,  Jefferson  is  to  be 
preferred.  He  is  by  far  not  so  danger 
ous  a  man,  and  he  has  pretensions  to 
character.  As  to  Burr,  there  is  nothing 
in  his  favor.  His  private  character  is 
not  defended  by  his  most  partial  friends. 
He  is  bankrupt  beyond  redemption,  ex 
cept  by  the  plunder  of  his  country. 
His  public  principles  have  no  other 
spring  or  aim  than  his  own  aggran 
dizement,  per  fas  et  nefas.  If  he  can, 


On.  XIII.] 


BALLOTINGS   FOR  PRESIDENT. 


515 


he  will  certainly  disturb  our  institu 
tions.  He  is  truly  the  Cataline  of 
America."  "  Every  step  in  his  career 
proves,  that  he  has  formed  himself 
upon  the  model  of  Cataline,  and  he  is 
too  cold-blooded  and  too  determined  a 
conspirator  ever  to  change  his  plans." 
Even  with  these  warnings  sounding 
in  their  ears,  the  blinding  rage  of 
party  animosity  nearly  led  to  the  re 
jecting  of  Jefferson  and  the  elevation 
of  Aaron  Burr.  Badly  as  men  may 
think  and  speak  of  the  third  president 
and  his  career,  it  will  hardly  be  denied 
that  it  was  a  mercy  which  spared  our 
country  from  the  rule  of  the  bold, 
bad  man  who  was  at  this  time  placed 
in  the  vice-president's  chair. 

On  the  llth  of  February,  1801,  the 
sealed  packets,  containing  the  notifi 
cation  of  the  vote  of  each  state,  were 
opened,  by  Jefferson  himself,  ex  officio, 
as  president  of  the  Senate.  The  inten 
sity  of  the  party-spirit  at  wrork,  and  the 
zeal  of  the  agents,  may  be  estimated 
by  the  fact,  that  of  the  whole  number 
of  votes,  one  only  was  not  directed  in 
accordance  with  the  determination  of 
the  caucuses.  For  John  Adams  and 
for  Pinckney,  New  Hampshire,  Ver 
mont,  Massachusetts,  Connecticut,  New 
Jersey,  and  Delaware  voted  entire; 
Rhode  Island  gave  all  its  votes  to  Ad 
ams,  but  bestowed  one  of  its  second 
votes  upon  John  Jay,  and  the  other 
three  on  Pinckney ;  and  seven  of  the 
votes  of  Pennsylvania,  five  of  those  of 
Maryland,  and  four  from  North  Caro 
lina,  were  given  to  the  two  federalists. 
The  total  for  Adams  was  therefore  six 
ty-five  ;  and  that  for  Pinckney  one  less. 
On  the  other  side,  New  York,  Virginia, 


1*01. 


South  Carolina,  Georgia,  Tennessee,  and 
Kentucky,  voted  wrholly  for  Jefferson 
and  Burr ;  who  also  received  eight  each 
from  Pennsylvania,  five  from  Maryland, 
and  eight  from  North  Carolina;  m;tk- 
ing  their  common  total  seventy- 
three;  and  they  were  accord 
ingly  (for  they  had  a  clear  majority  of 
the  whole  number  of  votes,  one  hun 
dred  and  thirty-eight)  left  to  be  bal 
loted  for  by  the  House.* 

The  balloting  began  on  February 
the  llth;  and  nine  states  were  neces 
sary  for  a  choice.  On  the  first  ballot 
Jefferson  received  the  votes  of  New 
York,  New  Jersey,  Pennsylvania,  Vir 
ginia,  North  Carolina,  Georgia,  Ten 
nessee,  and  Kentucky, — eifjlit /  whilst 
Burr  received  those  of  New  Hamp 
shire,  Massachusetts,  Rhode  Island, 
Connecticut,  Delaware,  and  South  Car 
olina, — six.  The  votes  of  Vermont 
and  Maryland  were  divided.  Five-and- 
thirty  times,  day  after  day,  (and  the 
loth  was  a  Sunday!)  until  the  17th, 
was  this  result  obtained  from  the  bal- 


*  We  have  not,  for  obvious  reasons,  admitted  into 
the  text  the  account  given  by  Mr.  Davis,  in  his  "  Life 
of  Aaron  Burr"  (vol.  ii.,  pp.  71-74,)  of  the  opening 
of  the  packets  containing  the  electoral  votes.  Mr.  Da 
vis  charges  directly  upon  Jefferson  the  obtaining  the 
four  votes  of  Georgia  for  himself  and  Burr,  when 
there  were  no  signatures  whatever  of  the  electors  to 
certify  the  votes  of  that  state!  By  this  means,  ho 
brought  himself  and  Burr  only,  before  the  House,  and 
compelled  the  federalists  to  make  choice  between  them. 
If  Adams  and  Pinckney  too  had  been  eligible,  as 
they  would  have  been  had  it  not  been  for  the  Georgia 
votes,  Jefferson  could  not  have  been  elected ;  for  the 
federalists  had  a  majority  in  the  House.  Such  is  the 
story,  as  Mr.  Davis  relates  it  While  wo  admit  the 
possibility  of  such  a  procedure  on  Mr.  Jefferson's  part, 
we  certainly  think  it  very  improbable,  especially  see 
ing  that  it  has  not  been  brought  to  light  before  this  late 
day. 


dlli 


CLOSE  OF   ADAMS'S   ADMINISTRATION. 


[BK.  IV. 


1801. 


lot.  One  hundred  and  six  members 
were  present,  of  whom  fifty-one  voted 
for  Jefferson.  Some  of  them  were  in 
firm  or  indisposed,  and  were  accommo 
dated  with  beds  or  couches ;  and  one 
member  was  so  unwell  as  to  be  at 
tended  by  his  wife. 

The  excitement  of  the  hour  was  not 
a  little  increased  by  rumors  of  intrigues 
and  bargains  between  the  members  and 
the  rival  candidates.  Jefferson,  who 
certainly  hated  his  opponents  quite  as 
cordially  as  they  disliked  and  feared 
him,  attributed  to  the  federalists  a  very 
wild  and — if  ever  entertained,  which 
we  do  not  believe — a  very  foolish  de 
sign.  "  If  they  could  have  been  per 
mitted,"  he  tells  Monroe,  "  to  pass  a  law 
for  putting  the  government  into 
the  hands  of  an  officer,  they 
would  certainly  have  prevented  an  elec 
tion.  But  we  thought  it  best  to  de 
clare,  openly  and  firmly,  one  and  all, 
that  the  day  such  an  act  passed,  the 
middle  states  would  arm,  and  that  no 
such  usurpation,  even  for  single  day, 
should  be  submitted  to.  This  first 
shook  them,  and  they  were  completely 
alarmed  at  the  resource  for  which  we 
declared,  to  wit,  a  Convention  to  reor 
ganize  the  government  and  to  amend 
it.  The  very  word  '  Convention'  gives 
them  the  horrors,  as  in  the  present 
democratical  spirit  of  America,  they 
fear  they  should  lose  some  of  the 
favorite  morsels  of  the  Constitution." 

The  federalists  had  the  disagreeable 
but  responsible  duty  of  deciding  be 
tween  the  two  candidates,  both  of 
whom  they  feared  and  distrusted. 
There  were  six  Representatives,  any  one 
of  whom  could  have  decided  the  elec 


tion  ;  Bayard,  sole  Representative  of 
Delaware ;  Morris,  federalist  colleague 
of  Matthew  Lyoii  from  Vermont ;  with 
Craik,  Thomas,  Dennis,  and  Baer,  of 
Maryland.  Caucuses  were  held  fre 
quently  ;  private  conferences  were  more 
numerous;  agreements  to  stand  toge 
ther  ;  promises  of  office,  requests  for 
office,  conditional  on  one  or  other  issue 
of  the  ballot;  were  not  uncommon. 
If  no  conclusion  were  reached  by  the 
4th  of  March — what  could  happen  but 
a  usurpation,  or  civil  war  ?  Bayard  at 
length  obtained  what  he  regarded  as  a 
promise  from  Jefferson,  to  respect  the 
debt,  to  encourage  commerce,  to  foster 
the  navy,  and  to  retain  subaltern  of 
ficials,  who  were  objectionable  on  the 
ground  of  political  opinions  solely ; 
and  then  he  and  his  companions  resolv 
ed  to  allow  the  voting  to  terminate  by 
the  allotment  of  the  presidency  to  Jef 
ferson,  and  the  vice-presidency  to  Burr.* 
One  ballot,  it  was  the  ikirty-fftk, 
taken  about  noon  on  February  the 
17th,  gave  the  result  so  often  reached. 
Jefferson  was  there,  restless  and  easrer, 

'  O  7 

the  result  not  yet  reached  but  certain 
to  arrive ;  and  Adams,  excited  and 
chagrined,  'and  uneasily  waiting  the 
settlement  of  the  question,  which,  how- 
however  it  might  terminate,  could  bring 
no  good  to  him.  An  hour  passed ;  the 
six  confederates  agreed  to  vote  Uankj 
and  the  result  of  the  thirty-sixth  ballot 
was,  for  Jefferson,  New  York,  New 
Jersey,  Pennsylvania,  Virginia,  North 

*  See  Tucker's  "  Life  of  Jefferson,"  vol.  ii.,  p.  81. 
For  Mr.  Madison's  letter  to  the  "  National  Gazette"  in 
February,  1831,  on  the  subject  of  the  pledges  or 
promises  made  by  Jefferson  to  Bayard,  see  the  same 
volume,  pp.  510-515. 


Cn.  XIII.] 


REVIEW   OF  MR.   ADAMS'S  CAREER. 


517 


Carolina,  Georgia,  Kentucky,  Ten 
nessee,  with  Maiyland,  left  to  the  four 
democrats,  and  Vermont  represented 
now  by  Matthew  Lyon  alone  ;  ten  states 
in  all ;  an  absolute  majority,  raising  him 
to  the  presidency: — for  Burr,  New 
Hampshire,  Massachusetts,  Rhode  Isl 
and,  and  Connecticut  ;four  only.  Del 
aware  and  South  Carolina  put  in  blank 
ballots.  And  thus  was  accomplished 
what  Mr.  Jefferson  was  pleased  to  de 
nominate  the  "Republican  Revolution 
of  1801."* 

It  was  truly  little  better  than  a 
"dreary  pageant"  which  the  retiring 
president  had  before  him  for  the  balance 
of  his  term  of  office.  Virtually  his 
power  was  gone  ;  and  few  cared — such 
is  the  way  of  the  world — to  pay  any 
regard  to  the  rapidly  setting  sun,  espe 
cially,  when  the  rising  orb  was  the 
astute  head  of  the  now  victorious 
democratic  party.  John  Adams 

!"»<>!. 

went  through  the  last  few 
weeks  of  his  year  without  spirit  or  in 
terest  ;  and  when  the  last  day  came  he 
abruptly  took  his  departure  for  home. 
It  was  too  much  for  his  powers  of  en 
durance  to  wait  and  witness  the  triumph 
of  his  successful  rival ;  and  so,  very 
early  on  the  morning  of  the  4th  of 
March,  he  bade  adieu  to  the  capital, 
and  to  public  life.f  "  His  presidency," 
as  his  grandson  says,  "had  been  one 
long  and  severe  trial,  in  the  course  of 


*  Sf*>  »>ota,  with  the.  ballotings  in  full,  the  names  of 
the  members,  etc.,  in  Benton's  "Abridgement  of  the 
Debate*  of  Congress"  vol.  ii.,  pp.  533,  34. 

t  Mr.  C.  F.  Adams  devotes  several  pages  to  a  de 
fence  of  his  grandfather's  conduct  in  suddenly  leaving 
Washington,  on  the  4th  of  March.  See  "Life  and 
Worlcs  of  John  Adams"  vol.  i.,  pp.  599-601. 

VOL.  II.— 05 


which  it  was  his  lot  to  have  his  firmness 
and  independence  of  spirit  put  to  the 
test  for  the  fourth  time  in  his  career,  un 
der  circumstances  more  appalling  than 
ever  before.  For  the  first  time  his  own 
popularity  sunk  completely  under  the 
shock.  He  retired  disgraced  in  the 
popular  estimation,  and  his  name  be 
came  a  by-word  of  odium  for  many 
years.  But  he  had  fully  redeemed  the 
pledge>  into  which  he  had  entered  with 
himself  at  the  commencement  of  his 
career,  to  '  act  a  fearless,  intrepid,  un 
daunted  part,'  though  not  forgetting 
'  likewise  to  act  a  prudent,  cautious,  and 
considerate  part.'  And  never  was  a 
union  of  these  qualities  more  exem 
plified  than  during  this  administration, 
in  the  course  of  which  his  inflexible 
courage  had  saved  the  neutral  policy, 
and  had  removed  the  obstacles  which 
threatened  the  prosperity  of  the  nation 
at  the  moment  that  he  took  the  helm."* 
Mr.  Gibbs,  at  the  close  of  his  second 
volume,  enters  upon  an  elaborate  re 
view  of  the  various  causes  which  led 
to  the  downfall  of  the  federal  party. 
His  remarks  deserve  attention  and  re 
spect  ;  while  at  the  same  time  we  think, 
he  is  unnecessarily  severe  in  speaking 
of  the  "  insane  jealousy  and  suspicious- 
ness,  the  morbid  irritability,  the  egre 
gious  vanity  and  egotism,  the  obstinacy 
and  vacillation,"  of  John  Adams,  who 
as  he  asserts,  "had  the  doubtful  satis- 


*  For  some  keen  and  searching  remarks,  very  gra 
phically,  and,  on  the  whole,  not  unkindly  expressed, 
respecting  Mr.  Adams  and  his  career,  we  refer  the 
reader  to  Mr.  Baldwin's  sketches  of  "  Party  Leaders" 
in  American  History.  An  extract  from  this  interest 
ing  volume  will  be  found  in  the  Appendix  at  the  end 
of  the  present  chapter. 


518 


CLOSE  OF  ADAMS'S   ADMINISTRATION. 


[BK.  IV. 


faction  of  gratifying  his  revenge  upon 
Hamilton  at  the  cost  of  his 
own  ruin  and  that  of  those  who 
supported  him."  Believing,  with  the 
ardent  advocate  to  whose  able  work 
we  acknowledge  our  indebtedness,  that 
the  federalists,  as  a  party,  have  had 
scant  justice  meted  out  to  them  by  their 
successful  rivals,  we  shall  conclude  the 
present  chapter  with  Mr.  Gibbs's  high, 
but  not  undeserved,  commendation  of 
the  great  men  who  were  first  entrusted 
with  the  administration  of  our  govern 
ment  under  the  federal  constitution. 

"  With  the  exception  of  the  errors 
of  Mr.  Adams,  an  exception  springing 
from  an  abandonment  of  federal  policy, 
the  first  twelve  years  of  our  constitu 
tional  government  deserves,  and  from 
an  impartial  posterity  will  receive,  the 
admiration  and  respect  of  our  country. 
In  those  days  there  were  giants  in  the 
land.  Dignified  and  elevated  as  was 
the  character  of  Washington,  pre-emi 
nent  as  he  stood  amongst  the  great  and 
illustrious  personages  of  history,  there 
were  around  him  and  with  him,  upon 
the  stage  of  public  action,  others,  who 
at  any  time  would  have  been,  who  even 
then  were,  conspicuous  as  monuments 
amidst  their  race ;  men  who  are  found 
only  in  revolutions ;  who,  in  times  of 
fat  and  prosperous  security,  remain  in 
ert  and  obscure  ;  who  appear  only  with 
the  storms  of  state ;  whose  ardor  and 
patriotism  are  roused  in  proportion  to 
the  danger;  whose  self-reliance  in 
creases  with  peril,  and  whose  resources 


are  fertile  in  the  same  degree  that  they 
are  taxed.  Such  were  the  great  repre 
sentatives  of  the  federal  party;  the 
men  whose  names  are  household  words, 
examples  for  the  imitation  of  those  that 
come  after.  Blot  those  names  from  our 
records,  and  what  indeed  would  remain ! 
"  The  tone  of  their  government  was 
in  accordance  with  the  character  of  its 
administrators:  they  had  considered 
official  station,  not  as  a  reward  of  par 
tisanship,  but  as  a  trust  confided  by 
the  nation  to  those  who  had  marked 
themselves  worthy  of  the  trust ;  they 
had  inculcated  maxims  of  reverence 
for  the  laws  as  the  true  loyalty  of  re 
publicans  ;  their  foreign  policy  was  dis 
tinguished  by  a  pure  and  undeviating 
love  of  country,  their  domestic,  alike 
by  ability,  integrity,  and  foresight. 
Firm,  prudent,  and  honest,  they  in 
dulged  in  no  levity  of  resentment  to 
other  nations,  nor  wavered  at  the 
apprehension  of  danger  from  them. 
With  the  single  object  of  the  public 
good,  they  never  hesitated  to  incur  in 
dividual  odium  or  misrepresentation. 
Their  power  was,  however,  taken  from 
them.  The  confidence  of  the  people, 
shaken  less  by  open  assaults  than  by 
secret  undermining,  was  withdrawn, 
and  the  government  passed  into  the 
hands  of  its  early  and  steadfast  oppo 
nents.  Then  came  a  new  race  into  the 
management  of  affairs."* 


*  Gibbs's  "  Administrations  of   Washington  and 
Adans"  vol.  ii.,  pp.  513-514. 


CH.  XIII.] 


JOHN   ADAMS  AND  THE  FALL  OF  FEDERALISM. 


519 


APPENDIX     TO     CHAPTER    XIII. 


JOHN  ADAMS  AND  THE  FALL  OF  FEDERALISM. 
IT  is  impossible,  we  think,  to  look  back  upon 
the  administration  of  Washington,  and  not  dis 
approve  of  the  temper,  if  not  of  the  fact  of  op 
position  to  it.  Consider  that  the  government 
was  an  experiment ;  that  successful  administra 
tion  was  almost  as  essential  as  the  Constitution 
itself;  that  every  thing  was  at  sea  and  in  chaos  ; 
that  there  were  no  precedents  or  lights  in  the 
past  to  regulate  the  working  of  this  new  and 
anomalous  machinery ;  that  almost  any  govern 
ment  was  better  than  the  anarchy  and  confusion 
which  must  have  resulted  from  throwing  off  or 
checking  the  present  government ;  that  there  were 
difficulties  and  trials  of  all  sorts,  external  and  in 
ternal  ;  that  most  of  these  measures  were  really 
unobjectionable,  some  of  them  absolutely  neces 
sary,  and  none  of  them  incorrigibly  evil ;  that 
all  views  were  represented,  and  all  parties  heard ; 
and  the  final  judgment  pronounced  by  the  func 
tionary  chosen  by  all,  and  against  whose  wisdom 
and  disinterested  patriotism  no  suggestion  could 
be  made  by  any  reasonable  or  sober-minded 
man ; — when  these  things  are  considered,  we  are 
amazed  at  the  almost  ferocious  opposition  with 
which  every  measure  proposed  was  assailed,  on 
grounds  and  pretexts,  too,  for  the  most  part  un 
reasonable  and  untenable,  sometimes  even  puer 
ile  and  factious.  But  against  all  this  opposition 
the  administration  triumphed;  and,  we  think, 
considering  the  obstacles  arrayed  against  him, 
domestic  and  foreign,  intrinsic  and  factitious,  the 
great  chief  exhibited  a  genius  for  statesmanship, 
in  no  degree  inferior  to  that  which  he  displayed 
in  the  field.  Indeed  Washington,  the  Statesman, 
was  even  a  greater  man,  we  think,  than  Wash 
ington,  the  General. 


Up  to  this  time  the  federalists  had  prevailed 
on  all  important  issues  :  the  financial  policy  ;  the 
international  questions ;  the  British  Treaty  ;  the 


neutrality  policy  ;  the  question  of  the  powers  of 
the  executive  as  to  removals  from  office;  the 
power  of  the  legislature  to  defeat  a  treaty  by 
withholding  appropriations  to  carry  it  into  effect; 
the  first  exertion  of  physical  force  to  suppress 
opposition  to  the  laws ;  and  the  people,  by  elects 
ing  Mr.  Adams,  who  approved  all  these  measures, 
over  his  opponent,  seem  to  have  avouched  this 
policy.  Republican  stock  was  at  a  discount.  In 
deed,  Jefferson  seems  to  have  thought  the  pros 
pect  rather  gloomy,  for,  in  a  letter  to  Mr.  Madi 
son,  January  1,  1797,  he  suggests  whether  it 
"would  not  be  better  for  the  public  good  to 
come  to  a  good  understanding  with  Adams  as  to 
his  future  elections,"  he  being  "the  only  sure 
barrier  against  Hamilton's  getting  in." 

The  weight  of  talents  was,  we  think,  with  the 
federalists.  Washington,  Hamilton,  Marshall, 
Henry,  Ames,  the  Lees,  the  Adamses,  Otis,  Pick 
ering,  Livingston,  the  Pinckneys,  and  Luther  Mar 
tin,  are  but  a  few  of  the  names  that  shone  in  the 
bright  galaxy  which  revolved  around  or  composed 
the  first  administrations ;  while  the  old  military 
corps,  in  its  higher  and  lower  grades  of  service, 
generally  were  on  the  same  side. 

The  insolence  of  France  and  its  rejection  of 
our  ministers ;  its  assaults  upon  our  commerce ; 
the  measures  taken  by  the  new  administration 
to  avenge  these  indignities,  and  to  protect  our 
rights,  swelled  the  popularity  of  the  executive, 
and  damped  the  spirits  and  ardor  of  opposition. 

That  the  party  in  power,  for  a  long  while  at 
least,  might  have  maintained  its  supremacy,  is 
almost  certain,  had  it  not  been  for  causes  origi 
nating  with  itself.  But  the  prudent  course  was  not 
pursued.  Mr.  Adams  was,  in  many  respects,  the 
most  improper-  selection  that  could  have  been 
made  for  president.  It  is  true,  he  had  a  strong 
record  of  services,  and  great  claims  upon  the 
gratitude  of  his  country.  He  belonged  to  an 
influential  family ;  he  came  from,  at  that  time 
more  than  now,  an  influential  section  ;  which  had 


520 


APPENDIX  TO   CHAPTER  XIII. 


[BK.  IV 


contributed  largely  to  the  glory  and  success  of 
the  Revolution,  and  had  stood  the  first  and  fiercest 
onset  of  tyranny.  He  was  a  man  of  positive 
character,  of  pure  reputation,  of  great  courage 
and  boldness,  of  impassioned  eloquence,  and  of 
active  and  untiring  energies.  His  patriotism, 
nonesty,  and  magnanimity,  were  known  to  the 
country.  He  was  one  of  the  very  earliest  cham 
pions  of  freedom ;  had  moved  the  appointment 
of  Washington  to  the  command  of  the  army ; 
had  seconded  the  Declaration,  and  was  its  most 
eloquent  advocate.  It  was  he,  more  than  any 
other  man,  who,  by  his  zeal,  eloquence,  and  bold 
ness  in  the  Congress,  kept  up  the  hopes  of  the  pat- 
riots,  and  pushed  through  the  measures  that,  in  the 
dark  hours  of  the  struggle,  were  needed  to  sustain 
it  and  give  it  success ;  and  to  the  negotiations,  so 
important  to  the  achievement  and  security  of  the 
final  victory,  he  had  largely  contributed.  Indeed, 
his  life  was  a  sort  of  embodiment  of  the  political 
history  of  the  Revolution. 

But  he  had  some  great  faults  of  temper  and 
character.  He  was  bold,  but  his  boldness  ran 
into  rashness.  He  was  frank,  but  his  frank 
ness  ran  into  indiscretion.  His  confidence  made 
him  the  dupe  of  the  most  transparent  designs, 
and  his  suspicions  alienated  him  from  the  most 
trustworthy.  He  was  full  of  learning,  and  he 
was  full  of  crotchets.  His  judgment  was  far 
from  sound  ;  yet  he  had  such  conceit  of  his  wis 
dom  as  made  him  think  himself  nearly  infallible. 
His  vanity  was  enormous,  irritable  and  itching, 
and  was  the  door  through  which  artful  men  easily 
came  into  his  confidence.  He  thought  himself 
equal  to  Washington,  and  complained  that  he  did 
not  get  an  equal  number  of  votes,  with  an  equal 
chance  for  the  presidency.  He  was  really,  at 
bottom,  a  kind,  generous,  noble-hearted  man ; 
but  his  manners  were  so  far  from  conciliating, 
that  they  conveyed  a  very  different  impression. 
He  was  incapable  of  concealment.  He  could  be 
read  as  easily  as  his  messages.  Whatever  he 
thought  he  spoke,  and  was  perpetually  giving 
offence  and  handles  to  his  enemies,  and  getting 
himself  into  hot  water  with  his  friends. 

On  some  subjects,  he  was  little  better  than  a 
monomaniac.  Among  these,  was  his  jealousy  of 
Hamilton.  He  looked  on  Hamilton  with  uncon 
querable  aversion.  He  seemed  to  regard  him  as 
his  evil  genius.  Hamilton  haunted  him  like  a 


demon ;  he  sat  on  him  like  a  nightmare,  disturb 
ing  his  peace  and  marring  his  enjoyments.  He 
thought  Hamilton  was  in  a  perpetual  scheme  and 
intrigue  against  him.  In  whatever  irritated  him, 
he  could  see  the  hand  of  Hamilton.  In  every 
squib  fired  at  him  in  the  papers ;  in  every  lying 
rumor  that  was  bruited  about  the  political  circles, 
he  saw  the  agency  of  the  never-resting  and  dia 
bolical  Hamilton.  He  denounced  Hamilton,  every 
where  and  on  all  occasions,  with  as  little  decency 
as  reason.  He  became  furious  when  his  name 
was  mentioned.  His  denunciations,  after  a  while, 
grew  too  public  and  notorious  to  be  disregarded. 
Hamilton  wrote  to  him,  desiring  an  explanation. 
He  refused  to  return  any  answer.  Hamilton 
wrote  again,  denouncing  him,  in  unequivocal 
terms,  as  a  liar  and  a  slanderer. 

Unfortunately,  Mr.  Adams  was  constitution 
ally  obstinate ;  more  unfortunately,  he  was  fickle 
and  vacillating.  The  country  was  hot  for  war. 
France  was  not  foolish  enough  to  go  to  such  a 
length.  She  was  in  no  condition  for  it.  She 
never  intended  it.  She  would  soon  have  sued 
for  peace.  In  one  of  his  self-willed  whims,  with 
out  mentioning  the  subject  to  his  cabinet,  Mr. 
Adams,  as  we  before  remarked,  in  the  teeth  of 
the  insults  and  contumelies  of  the  French  Direc 
tory,  sent  off  envoys  to  France  to  seek  a  settle 
ment  of  the  difficulty.  France  clutched  at  the 
chance ;  and,  thus,  the  war  fever  ended  by  a  re 
vulsion  against  the  administration  on  account  of 
its  humiliating  conduct.  Washington,  when  he 
heard  of  the  proposition,  declared  himself  "  hor 
ror-struck."  Hamilton  exclaimed  against  it. 
The  public  spirit  of  the  nation  was  disgusted 
and  humbled.  '  Whether  the  fact,  that  Hamilton 
was  second,  and,  in  case  of  Washington's  death, 
would  be  the  first  in  the  army  (an  appointment 
wrung  from  Adams,  with  much  groaning  of  spir 
it,  by  Washington's  peremptory  persistence) 
whether  this  circumstance  had  any  thing  to  do 
with  this  unfortunate  mission  is  not  known  ;  but 
it  is  pretty  certain  that  the  success  of  the  war 
movement,  by  bringing  France  to  terms,  would 
have  given  such  a  head  of  popularity  to  the 
federal  administration,  as  would  have  made  fu 
ture  opposition  to  it,  for  some  years  at  least, 
futile. 

The  alien  and  sedition  laws,  too,  contributed 
to  the  unpopularity  and  downfall  of  the  adminis- 


CH.  XIII.]  JOHN   ADAMS  AND  THE  FALL  OF   FEDERALISM. 


521 


tration.  If  the  war  had  gone  on,  probably  they 
would  not  have  had  much  influence.  All  minor 
questions  would  have  been  swallowed  up  in  the 
war.  They  gave,  however,  the  republicans  an 
issue  upon  which  they  could  safely  go  before 
the  country.  Having  deprecated  the  war  with 
France,  they  were  not  in  a  condition  to  avail 
themselves  of  the  mission  to  much  advantage. 
The  war  itself  was  popular.  Not  much  capital 
was  to  be  made  of  that.  The  alien  and  sedition 
laws  involved  distinctive  principles,  and  made  a 
platform  broad  enough,  covering  the  whole  ques 
tion  of  the  relations  between  the  states  and 
federal  government,  upon  which  a  party  might 
stand. 

Public  opinion  has  long  since  agreed,  that 
these  measures  were  unconstitutional  and  im 
proper.  They  had,  however,  their  apologists 
and  apologies  in  their  day.  They  were  passed 
in  times  of  violent  excitement ;  when  thirty 
thousand  foreign  emissaries,  it  was  said,  were 
engaged  in  machinations  against  the  government ; 
and  when  the  press  exhibited  a  licentiousness 
never  before  known.  But  to  make  the  mere 
suspicion  of  the  president,  however  excited,  the 
ground  for  sending  into  exile  a  person  residing 
here ;  and  to  protect  specially  the  characters  of 
the  officers  of  the  general  government  by  law  of 
that  government,  seem  to  us  clearly  beyond  the 
powers  of  the  government.  Why  should  the 
general  government  protect  the  reputation  of  its 
own  officers,  by  special  law,  any  more  than  their 
property"?  But  more  broadly,  although  defam 
ing  a  man,  public  or  private,  is  certainly  an  out 
rage,  yet  the  freedom  of  newspapers  to  tell  lies 
on  public  men,  is  so  associated  with  their  power 
to  tell  the  truth,  that  we  think  it  impolitic  to  at 
tempt,  by  law,  to  punish  such  lying.  The  law 
would  afford  but  a  scant  redress  and  no  terror ; 


and  the  public  have  long  ceased  to  believe  any 
charge,  made  without  proof,  in  a  party  paper. 
Besides,  in  high  party  times,  such  a  law,  if  not 
impracticable  of  execution,  would  transfer  the  ex 
citement  of  the  stump  and  hustings  to  the  courts 
of  justice. 

Others  causes  soon  came  into  play.  Wash 
ington  died.  The  great  American  heart  had 
ceased  to  beat ;  and  his  powerful  influence  freely 
given  to  Mr.  Adams's  administration,  without 
any  personal  preference  for  him,  was  now  with 
drawn.  Before  he  died,  he  had  summoned  Pat 
rick  Henry  to  the  field  to  combat  for  the  admin 
istration.  He  came  forward,  struck  one  more 
blow  for  what  he  thought  the  right,  but  fell 
back,  soon  afterwards,  into  the  grave.  Hamil 
ton,  "the  host  within  himself,"  was  still  left. 
He  had  helped  to  rally  the  party  in  1799,  and 
the  federalists  had  again  carried  the  day  in  the 
congressional  elections.  But  now  he  was  alien 
ated.  He  preferred  C.  C.  Pinckney,  than  whom  a 
more  chivalrous  and  magnanimous  patriot  never 
lived.  The  folly  of  Mr.  Adams,  in  dismissing 
two  of  the  members  of  his  cabinet,  under  cir 
cumstances  of  irritation,  completed  his  ruin. 
The  tide  now  began  to  ebb,  when,  to  cap  the 
climax,  Hamilton  came  out  with  his  pamphlet 
denouncing  Adams,  on  the  eve  of  the  election  in 
New  York.  The  federalists  were  divided  and 
disheartened;  and  Jefferson  and  Burr  won  the 
day.  In  the  contest  between  Jefferson  and  Burr, 
before  the  House,  Hamilton,  much  as  he  disliked 
Jefferson,  threw  his  influence  in  his  favor. 

Hamilton  was  now  in  private  life,  and  his  great 
rival  was  in  the  highest  seat  of  power.  The 
object  of  Jefferson's  personal  ambition,  after  so 
many  vicissitudes,  had,  at  last,  been  attained.  It 
remained  to  see,  whether  he  could  do  what  is 
often  harder  than  to  win  power — retain  it. 


522 


PROGRESS   IN   NATIONAL  PROSPERITY. 


[BK.  IV. 


CHAPTER    XIY. 

1797-1801. 

PKOGRESS      IN      NATIONAL     PEOSPEKITY. 

Some  notices  of  internal  progress  required  —  The  northern  states  support  the  administration,  New  England  especially 

—  Proposition  in  Massachusetts  —  Jefferson's  remark  —  North  eastern  boundary  line  —  Matthew  Lyon  in  Ver 
mont —  Activity  and  enterprise  in  the  northern  and  middle  states  —  The  newspaper  literature  of  the  day  — 
Noah  Webster  —  The  "  Connecticut  reserve"  —  Slavery  abolished  in  New  York  —  Outline  of  the  bill  —  Settlement 
of  state  accounts  with  the  federal  government  —  Sullivan's  "  Familiar  Letters"  quoted  —  Georgia  and  its  new  con 
stitution  —  The  views  of  Jefferson,  in  1811,  on  the  Kentucky  and  Virginia  Resolutions  —  Letter  to  Destutt  Tracy 

—  The  South  Carolinians  at  this  date,  according  to  Joseph  Allston  —  His  letter  to  Burr's  daughter  —  Notice  of 
the  cotton  trade  —  Marvellous  progress  of  the  western  states  —  New  constitution  of  Kentucky  —  Henry  Clay  in 
the  Convention  —  His  first  public  effort  —  Territory  of  the  United  States  west  of  the  Chattahoochee —  Spanish 
evacuation  of  the  Natchez  district  —  The  "  Mississippi  Territory"  —  Its  basis  of  government  —  Its  rapid  progress 

—  Condition  of  the  north-western  region  —  Occupations  of  the  inhabitants  —  Census  taken — Change  in  the 
government  —  "  Indiana  Territory"  erected — Treaties  with  the  Cherokees  and  the  Creeks  —  Louisiana  and  its 
relation  to  the  United  States  —  Henry  Clay's  speech  at  Lexington — Jefferson's  letter  to  the  son  of  Colonel 
Nicholas  —  Conclusion  of  the  present  volume.     APPENDIX  TO  CHAPTER  XIV.     Statistical  Tables. 


IN  carrying  forward  the  history  of 
the  United  States  thus  far,  our  atten 
tion  has  necessarily  been  confined  to 
those  matters  which  relate  to  the  prog 
ress  and  prosperity  of  the  Union,  con 
sidered  as  a  whole,  and  we  have  had 
opportunity  to  do  no  more  than  make 
here  and  there  an  incidental  allusion  to 
the  internal  condition  of  the  several 
states,  and  the  growth  of  the  great 
west  in  population  and  political  power. 
At  this  point,  however,  in  our  narrative, 
it  may  be  well  to  gather  into  one 
chapter  such  brief  notices  of  omitted 
topics  as  may  interest  the  reader,  and 
afford  him  a  larger  insight  into  the  ac 
tual  condition  of  affairs  in  the  northern, 
southern,  and  western  sections  of  our 
vast  country.  As  our  general  story 
relates  to  the  Union  itself,  we  do  not 
trouble  ourselves  with  the  details  of 
the  political  changes  in  all  the  states 


forming  it.  Those  we  may  advantage 
ously  leave  to  the  local  historian  ;  but 
such  sketches  as  exhibit  the  people 
themselves,  in  their  onward  progress, 
are  quite  within  our  scope ;  and  are 
calculated  to  aid  very  materially  in  ac 
complishing  the  purpose  we  have,  just 
now,  in  view. 

The  question  of  the  national  arma 
ment  against  the  encroachments  of 
France,  was  the  one  which  provoked 
the  warmest  contests,  not  only  in  the 
state  legislatures,  but  in  every  social 
circle  in  the  Union.  Some  glimpses 
of  the  excitement,  and  of  the  upshot 
of  it,  we  have  caught  in  the  former 
chapters  of  this  book;  and  we  may 
briefly  notice  them  here. 

In  the  northern  states,  the  action  on 
this  and  all  other  points  of  the  policy 
of  the  administration,  took  a  very  dif 
ferent  form  from  that  assumed  by  it 


Ca.  XIV.] 


THE  NORTH-EASTERN   BOUNDARY  LINE. 


523 


in  the  south  and  west ;  and  we  see 
very  distinctly  the  more  civilizing  in 
fluence  of  commerce,  which  was  the 
chief  pursuit  here,  compared  with  agri 
culture,  which  occupied  most  of  the  at 
tention  of  the  states  below  the  Delaware. 
The  first  expression  of  public  opinion 
was  adverse  to  the  views  of  the  presi 
dent;  but  it  was  feeble  and  ineffectual. 
Resolutions  were  introduced  in  the  leg 
islature  of  Pennsylvania,  deprecating 
the  measures  of  defence  which  Adams 
had  recommended  and  Congress  warm 
ly  adopted  ;  but  they  were  lost,  though 
by  a  small  majority. 

New  England  was,  at  this  trying  sea 
son,  the  bulwark  of  John  Adams's  ad 
ministration.  The  legislatures  passed 
votes  approving  the  policy  of  the  pres 
ident  ;  and  the  general  court  of  Massa 
chusetts  proposed,  with  the  sanction  of 
five  other  states,  to  amend  the  Consti 
tution  by  disqualifying  natives  of  for 
eign  nations  from  ever  bearing  office 
in  America!  Jefferson  expressed  his 
indignation  against  their  fidelity  to 
their  principles  most  characteristical 
ly  ; — "  They  are  so  priest-ridden,  that 
nothing  is  to  be  expected  from  them 
but  the  most  bigoted  passive  obedi 
ence." 

One  step  was  taken  now,  in  1798, 
towards  the  settlement  of  the  north 
eastern  boundary  line ;  the  commission 
ers  agreeing  that  the  Passamaquoddy 
was  the  St.  Croix  River,  spoken  of  in 
the  treaty  of  1783,  and  determining 
that  the  Chiputnaticook,  or  branch  run 
ning  from  the  north,  was  the  main 
stream,  and  not  the  stream  running 
from  the  west,  through  the  Schoodic 
lakes.  A  monument  was  erected  at  the 


source  of  the  former  branch  ;  and  there 
the  negotiation  obstinately  stopped, 
until  the  year  1842.  Greater  security 
was,  however,  given  to  various  grants 
of  land  in  Maine,  by  this  approxima 
tion  to  a  settlement ;  and  had  the  evils 
been  altogether  intolerable,  we  may  be 
sure  that  they  would  not  have  been 
left  unabated  for  nearly  half  a  century, 
by  two  nations  like  Great  Britain  and 
the  United  States. 

Matthew  Lyon,  who  attained  some 
notoriety  by  his  course  in  Congress, 
(see  p.  431,)  was  more  honorably  occu 
pied  on  his  return  to  Vermont.  Fair- 
haven,  we  are  told  by  an  admirer  and 
eulogist  of  Lyon  and  the  Green  Moun 
tain  state,  joins  on  Skeenesborough,  and 
is  the  most  flourishing  town  in  the  state. 
It  owes  its  consequence  to  its  founder, 
Colonel  Lyon,  whose  enterprise  and 
perseverance  in  carrying  on  manufacto 
ries,  has  been  of  infinite  utility  to  the 
public,  to  the  gratitude  of  which  he 
has  the  strongest  claims.  He  has 
erected  a  furnace  for  casting  all  kinds 
of  hollow  iron-ware,  and  two  forges,  a 
slitting  mill  for  the  making  of  nail  rods, 
a  paper  mill,  a  printing-press,  and  corn 
and  saw  mills.  It  is  a  curious  fact  that 
Colonel  Lyon  has  executed  a  good  deal 
of  printing  at  his  office,  (he  was  the  ed 
itor  of  a  newspaper,  which  bore  the  por 
tentous  title  of  "Scourge  of  Aristoc 
racy,  and  Depository  of  important  Po 
litical  Truth,")  on  paper  manufactured 
by  himself  of  the  bark  of  the  bass-wood 
tree,  and  which  is  found  to  answer  ev 
ery  purpose  for  common  printing.  His 
type  was  also  of  his  own  casting.  And 
he  was  married  to  the  daughter  of  the 
governor  of  the  state,  who,  though 


524 


PROGRESS  IN   NATIONAL  PROSPERITY. 


[BK.  IV. 


holding  that  elevated  office,  continued, 

O  /  / 

with  patriarchal  simplicity,  to  pursue 
his  calling  as  an  innkeeper. 

This  is  only  one  form  of  the  public 
activity  of  the  northern  states.  An 
other  still  may  be  seen  in  the  noble 
State-house  at  Boston,  on  its  proud  ele 
vation,  the  harbor,  crowded  with  ship 
ping,  and  the  busy  city  at  its  feet. 
And  yet  another,  in  the  system  of  sew 
ers,  by  which  the  health  of  the  cities 
and  towns  has  been  so  materially  se 
cured.  For  nothing  was  more  frequent 
at  this  period,  than  fatal  visitations  of 
the  yellow  fever.  We  have  spoken  of 
it  at  Philadelphia,  more  than  once; 
there  were  in  all  four  seasons  during 
which  it  made  frightful  havoc  in  the 
populations  of  the  seaport  cities  of  the 
United  States,  and  particularly  in  the 
north.  The  water  supply  of  Philadel 
phia,  and  the  costly  and  imposing  Cro- 
ton  aqueduct  in  New  York,  we  may 
mention  as  monuments  of  the  capa 
bility  and  readiness  in  this  enterprising 
portion  of  the  Union,  to  learn  from 
experience,  and  to  turn  to  account  ev 
ery  opportunity  of  advancing  in  mate 
rial  civilization.  Cobbett's  departure 
from  America  arose  from  a  too  virulent 
dispute,  into  which  his  political  vehe 
mence  betrayed  him,  with  Dr.  Rush 
of  Philadelphia,  Jefferson's  friend,  re 
specting  the  origin  and  the  treatment 
of  the  yellow  fever;  the  law  of  libel 
proving  too  strong  even  for  him. 

The  energetic  activity  and  "  destruc 
tive  wrath"  of  the  journalists  of  the 
time,  we  have  had  frequent  occasion 
to  allude  to.  But  commercially,  as 
well  as  politically,  the  newspapers  of 
our  country  deserve  notice.  Eight  pa 


pers  were  published  in  Philadelphia 
daily ;  and  in  New  York,  six.  These 
were  the  great  centres  of  political  and 
mercantile  life  in  the  Union ;  and  the 
possibility  of  carrying  on  such  under 
takings,  is  an  infallible  sign  of  the  en 
terprise  and  resolution  of  the  people. 
These  journals  were  very  much  like 
those  of  Great  Britain  of  the  same 
day ;  and  have  increased  in  numbers, 
and  decreased  in  price,  in  later  years, 
to  a  degree  that  leaves  all  other  coun 
tries  behind.  It  is  by  comparison  with 
the  present  day,  and  with  other  coun 
tries,  that  the  journalism  of  America, 
at  the  close  of  the  last  century,  can 
best  be  appreciated ;  and  it  will  be  re 
garded,  after  such  a  survey,  as  one  of 
the  best  signs  of  the  progress  of  the 
several  states  that  can  be  found.  We 
shall  find  only  one  place  south  of  the 
Delaware,  that  can  be  mentioned  in 
this  connection, — Baltimore,  which  sup 
ported  three  daily  papers.  The  rest 
of  the  two  hundred  journals  which  ex 
isted  then,  were  published  weekly,  or 
twice  a  week.  Boston  had  no  daily 
paper.  The  first  editor  of  a  newspa 
per,  who  was  engaged  for  that  purpose 
solely,  was  Dr.  Noah  Webster,  the  au 
thor  of  the  well  known  "American 
Dictionary  of  the  English  Language." 
A  little  while  before  Adams  was 
raised  to  the  presidential  chair,  Web 
ster  began  to  edit  the  "New  York 
Minerva,  or  Commercial  Advertiser." 
The  writings  of  the  most  emineait 
statesmen  and  political  leaders  of  the 
times,  always  excepting  Jefferson, — 
who  seems  to  have  entertained  a  singu 
lar  dislike  to  the  publicity  of  newspa 
pers, — show  how  much  use  was  made 


Cn.  XIV.] 


THE  "CONNECTICUT  RESERVE." 


525 


of  these  journals  for  national  as  well 
as  for  party  purposes.  And,  as  we 
have  before  remarked,  about  a  hundred 
and  eighty  journals  supported  Adams ; 
and  twenty,  most  of  which  were  edited 
by  aliens,  represented  the  opposition ; 
more  than  making  up,  by  virulence 
and  extent  of  circulation,  for  their  in 
feriority  in  number  to  the  federalist 
papers. 

Connecticut,  in  making  her  cession 
of  claims'  upon  the  western  lands,  re 
tained  a  considerable  district  in  Ohio, 
known  by  the  name  of  the  "  Western  " 
or  "  Connecticut  Reserve ;"  which  was 
finally  ceded  to  the  United  States  in 
1800,  and  by  the  United  States  to  Ohio. 
The  foundation  of  the  ample  school- 
fund  of  Connecticut  was  laid  in  the  pro 
ceeds  of  this  reserved  tract.  About  the 
same  time  Pennsylvania  undertook,  with 
the  assistance  of  Connecticut,  to  indem 
nify  the  claimants  of  lands  under  grants 
from  Pennsylvania,  which  were  also 
claimed  under  grants  from  Connecticut, 
by  money  payments  at  a  stipulated  rate 
per  acre.  And  the  Connecticut  pos 
sessors  were  very  glad,  by  the  payment 
of  the  portion  assigned  to  their  state, 
to  have  their  lands  with  a  clear  title. 

We  may  remark  one  rather  strange 
fact  in  Pennsylvania  at  this  time ; — it 
was  found  impossible  to  carry  in  the  As 
sembly  a  proposition  for  the  immediate 
and  entire  abolition  of  slavery  in  that 
state.  A  more  judiciously  drawn  bill 
for  the  gradual  extinction  of  slavery, 
passed  in  the  legislature  of  New  York. 
As  this  was  successful  in  respect  of  the 
design  entertained  by  its  framers,  we 
give  a  slight  outline  of  its  provisions. 
In  the  first  place,  all  slaves  at  the  time 
VOL.  II.— 66 


of  the  passing  of  the  act  were  to  re 
main  so  for  life,  but  they  might  not  be 
sold  or  taken  out  of  the  state ;  the  at 
tempt  to  do  this  gave  the  slave  im 
mediate  freedom.  Immigrants  might 
bring  slaves  with  them,  if  they  had 
possessed  them  for  a  twelvemonth  ;  but 
they  might  not  sell  them,  even  in  the 
state.  The  offspring  of  slaves,  born 
after  the  next  following  "fourth  of 
July,"  were  declared  free,  but  were  to 
be  retained  as  indented  laborers,  or 
apprentices,  by  the  owners  of  their 
mothers;  till  the  males  were  twenty- 
eight,  and  the  females  twenty-five  years 
old.  This  emancipatory  act  was  not 
perhaps,  the  best  conceivable,  but  it 
recognized  the  rights  of  humanity  in 
the  negro  race ;  and  it  attempted-also 
a  reconciliation  of  those  rights  with 
the  rights  of  society,  which  the  eman 
cipation  of  a  servile  class  always  brings 
into  jeopardy. 

During  Adams's  administration,  the 
seat  of  government  of  the  state  of 
New  York  was  removed  from  the  city 
of  New  York  to  Albany.  This  ten 
dency  in  our  political  arrangements  to 
place  the  centres  of  the  various  gov 
ernments  at  a  distance  from  those  of 
commercial  activity,  is  remarkable,  and 
deserves  the  thoughtful  attention  of 
the  student  of  history.  Another  ten 
dency,  illustrated  by  more  than  one 
state  in  the  Union;  viz.,  in  cases  of 
corporate  responsibility  to  attempt  to 
repudiate  pecuniary  obligations,  de 
mands  further  investigation.  The  fed 
eral  government  found  it  impossible  to 
bring  any  of  the  states  to  the  settle 
ment  of  their  accounts  which  remained 
open  at  the  end  of  the  Revolutionary 


526 


PROGRESS  IN   NATIONAL  PROSPERITY. 


[BK.  IV. 


war.  An  act  was  now  carried,  to  free 
from  all  further  claim  tlie  states  which 
laid  out  in  fortifications,  or  would  un 
dertake  to  pay  in  the  course  of  five 
years,  sums  in  the  stock  of  the  United 
States,  equal  to  their  unpaid  balances, 
or  to  the  amount  of  state  debts  in  each 
case,  assumed  by  the  federal  govern 
ment.  New  York  did  reduce  the  bal 
ance  against  her,  by  erecting  fortifica 
tions  ;  but  not  one  of  the  other  states 
concerned  itself  any  further  about  the 
payment  of  its  share  of  "  the  price  of 
liberty." 

A  passage  from  Sullivan's  "  Familiar 
Letters,"  referring  principally  to  the 
northern  states,  is  worth  quoting  in  the 
present  connection.  "About  the  end 
of  the  century,  the  forms  of  society 
underwent  considerable  change.  The 
levelling  process  of  France  began  to 
be  felt.  Powder  for  the  hair  began  to 
be  unfashionable.  A  loose  dress  for 
the  lower  limbs  was  adopted.  Wear 
ing  the  hair  tied  was  given  up,  and 
short  hair  became  common.  Colored 
garments  went  out  of  use,  and  dark  or 
black  were  substituted.  Buckles  dis 
appeared.  The  style  of  life  had  ac 
quired  more  of  elegance  as  means  had 
increased.  Crowded  parties  in  the  eve 
ning  were  not  as  common  then  as  they 
are  now.  There  was  more  of  sociabil 
ity,  and  less  form  and  display,  than 
there  is  now.  Some  of  these  changes 

O 

may  be  referred  to  the  increase  of 
numbers  and  of  wealth.  The  Ameri 
cans  are  not  a  people  of  light,  spiritual 
amusement,  as  the  French  and  Ger 
mans  are.  In  this  part  of  the  country, 
they  are  much  more  like  what  the 
English  are  represented  to  be.  There 


must  be  many  still  living,  who  remem 
ber  the  frank,  friendly,  social,  uncere 
monious  intercourse,  which  prevailed 
thirty  or  forty  years  ago.  [Written 
in  1833.]  Has  it  disappeared?  If  it 
has,  from  what  cause  ?  And  is  the 
present  state  of  things  a  better  one  ?" 

Turning  our  attention  to  another 
section  of  the  Union,  we  find  that  the 
state  of  Georgia,  in  the  year  1798,  as 
its  constitution  of  1789  had  expressly 
provided,  revised  its  frame  of  govern 
ment,  for  the  purpose  of  turning  to 
profitable  account  its  experience  of  the 
working  of  its  various  institutions. 
No  fundamental  changes  were  made. 
Property  qualifications  for  members  of 
its  legislature,  and  for  the  governor, 
were  retained,  but  at  a  lower  rate,  so 
as  to  open  those  distinctions  to  a  larger 
circle  of  the  citizens.  The  more  im 
portant  qualifications  of  citizenship  and 
residence,  which  were  the  barriers 
against  the  power  of  aliens,  and  of 
immigrants  from  other  states,  were  al 
tered  so  as  to  be  more  restrictive  in 
their  operation.  Twelve  years  of  citi 
zenship  in  the  Union,  and  six  of  resi 
dence  in  the  state,  were  required  in  the 
case  of  the  'governor ;  none  were  eligi 
ble  as  Senators  who  had  not  been  citi 
zens  nine  years,  and  residents  three ; 
nor  as  Representatives  without  seven 
years'  citizenship,  as  well  as  three  years' 
residence.  The  principle  of  represen 
tation,  including  the  "  three-fifths  "  of 
slaves,  was  brought  into  greater  con 
formity  with  that  adopted  as  the  basis 
of  the  apportionment  of  members  in 
the  Federal  Congress ;  only,  no  county 
was  to  have  more  than  four  represen 
tatives  ;  and  every  county  with  a  pop- 


Cn.  XIV.] 


JEFFERSON'S  LETTER  TO  TRACY. 


527 


illation  of  twelve  thousand  was  entitled 
to  four ;  a  population  of  seven  thousand 
was  to  be  represented  by  three  mem 
bers  ;  one  of  three  thousand  by  two ; 
and  any  other  number  by  one. 

Future  emendations  were  to  be  ef 
fected  by  bills,  passed  by  a  vote  of,  at 
least,  two-thirds  of  both  houses,  in  two 
successive  legislatures ;  after  having 
been  published  for  general  and  pop 
ular  discussion  a  full  half-year  before 
election  of  the  second  legislature. 

Of  the  action  taken  in  Kentucky  and 
Virginia,  upon  the  measures  of  Con 
gress  and  the  policy  of  Adams's  ad 
ministration,  we  have  spoken  quite  at 
large  in  a  previous  chapter.  We  have 
also  pointed  out  Mr.  Jefferson's  connec 
tion  with  this  matter.  Perhaps  it  is 
only  just  to  that  distinguished  leader 
of  the  great  republican  party,  to  quote 
his  matured  views  on  the  subject  of 
the  Virginia  and  Kentucky  resolutions. 
In  1811,  writing  to  the  Count  Destutt 
Tracy,  he  says  :*  "  The  true  barriers  of 
our  liberty  are  our  state  governments ; 
and  the  wisest  conservative  power  ever 
contrived  by  man  is  that  of  which  our 
Revolution  and  present  government 
found  us  possessed.  Seventeen  distinct 
states,  amalgamated  into  one  as  to  their 
foreign  concerns,  but  single  and  inde 
pendent  as  to  their  internal  administra 
tion,  regularly  organized  with  a  legisla 
ture  and  a  governor,  resting  on  the 
choice  of  the  people,  and  enlightened 
by  a  free  press,  can  never  be  so  fasci 
nated  by  the  arts  of  one  man,  as  to 
submit  voluntarily  to  his  usurpation. 


*  See  Tucker's  "Life  of  Jefferson"  vol.  ii.,  pp. 
322-324. 


Nor  can  they  be  constrained  to  it  by 
any  force  he  can  possess.  While  that 
may  paralyse  the  single  state  in  which 
it  happens  to  be  encamped,  sixteen 
others,  spread  over  a  country  of  two 
thousand  miles  in  diameter,  rise  up  on 
every  side,  ready  organized  for  deliber 
ation  by  a  constitutional  legislature, 
and  for  action,  by  their  governor,  con 
stitutionally  the  commander  of  the  mili 
tia  of  the  state, — that  is  to  say,  of  any 
man  in  it  able  to  bear  arms ;  and  that 
militia,  too,  regularly  formed  into  regi 
ments  and  battalions,  into  infantry,  cav 
alry,  and  artillery,  trained  under  offi 
cers,  general  and  subordinate,  legally 
appointed,  always  in  readiness,  and  to 
whom  they  are  already  in  habits  of 
obedience.  The  republican  govern 
ment  of  France  was  lost  without  a 
struggle,  because  the  party  of  lun  et 
indivisible"*  had  prevailed:  no  provin 
cial  organizations  existed  to  which  the 
people  might  rally  under  authority  of 
the  laws,  the  seats  of  the  Directory 
were  virtually  vacant,  and  a  small  force 
sufficed  to  turn  the  legislature  out  of 
their  chamber,  and  to  salute  its  leader 
chief  of  the  nation.  But  with  us,  six 
teen  out  of  the  seventeen  states  rising 
in  mass,  under  regular  organization,  and 
legal  commanders,  united  in  object  and 
action  by  their  Congress,  or,  if  that  be 
in  duresse,  by  a  special  convention,— 
present  such  obstacles  to  a  usurper,  as 
forever  to  stifle  ambition  in  the  first 
conception  of  that  object. 

"Dangers  of  another  kind  might 
more  reasonably  be  apprehended  from 
this  perfect  and  distinct  organization, 
civil  and  military,  of  the  states; — to 
wit,  that  certain  states,  from  local  and 


528 


PROGRESS  IN   NATIONAL  PROSPERITY. 


[BK.  IV. 


occasional  discontents,  might  attempt 
to  secede  from  the  Union.  This  is  cer 
tainly  possible,  and  would  be  befriend 
ed  by  this  regular  organization.  But  it 
is  not  probable  that  local  discontents 
can  spread  to  such  an  extent  as  to  be 
able  to  face  the  sound  parts  of  so  ex 
tensive  a  Union:  and  if  ever  they 
should  reach  the  majority,  they  would 
then  become  the  regular  government, 
acquire  the  ascendency  in  Congress, 
and  be  able  to  redress  their  own  griev 
ances  by  laws  peaceably  and  constitu 
tionally  passed.  And  even  the  states 
in  which  local  discontents  might  engen 
der  a  commencement  of  fermentation, 
would  be  paralysed  and  self-checked 
by  that  very  division  into  parties  into 
which  we  have  fallen,  into  which  all 
states  must  fall,  wherein  men  are  at 
liberty  to  think,  speak,  and  act  freely, 
according  to  the  diversities  of  their  in 
dividual  conformations  ;  and  which  are, 
perhaps,  essential  to  preserve  the  pur 
ity  of  the  government  by  the  censor 
ship  which  these  parties  habitually  ex 
ercise  over  each  other." 

Dr.  Sullivan's  entertaining  and  in 
structive  work  has  furnished  us  with  a 
number  of  valuable  descriptive  notices 
of  men  and  manners  in  our  country. 
We  prefer,  however,  in  this  place,  to 
quote  the  remarks  of  a  South  Carolin 
ian  respecting  his  own  state,  which 
may  serve  as  a  fitting  type  of  the  other 
states  in  that  part  of  the  Union. 
"  With  regard  to  our  manners,"  writes 
Joseph  Allston  to  the  daughter  of  Aar 
on  Burr,  "  if  there  is  any  state  which 
has  a  claim  to  superior  refinement,  it  is 
certainly  South  Carolina.  Generally 
speaking,  we  are  divided  into  but  two 


classes,  very  rich  and  very  poor ;  which, 
if  of  no  advantage  in  a  political  view, 
is  undoubtedly  favorable  to  a  polished 
state  of  society.  Our  gentlemen  hav 
ing  larger  fortunes,  and  being  very 
little  disposed  by  the  climate  to  the 
drudgery  of  business  or  professions, 
have  full  leisure  for  the  attainment  of 
polite  literature,  and  what  are  usually 
called  accomplishments ;  you  therefore 
meet  with  few  of  them,  who  are  not 
tolerably  well-informed,  agreeable  com 
panions,  and  completely  well-bred. 
The  possession  of  slaves  renders  them 
proud,  impatient  of  restraint,  and  gives 
them  a  haughtiness  of  manner,  which, 
to  those  unaccustomed  to  them,  is  dis 
agreeable  ;  but  we  find  among  them  a 
high  sense  of  honor,  a  delicacy  of  sen 
timent,  and  a  liberality  of  mind,  which 
we  look  for  in  vain  in  the  more  com 
mercial  inhabitants  of  the  northern 
states. 

"  The  genius  of  the  Carolinian,  like 
that  of  the  inhabitants  of  all  southern 
countries,  is  quick,  lively,  and  acute. 

In  his  temper  he  is  gay  and  fond  of 
company,  open,  generous,  and  unsuspi 
cious  ;  easily  irritated,  and  quick  to  re 
sent  even  the  appearance  of  insult ;  but 
his  passion,  like  the  fire  of  the  flint,  is 
lighted  up  and  extinguished  the  same 
moment.  I  do  not  mention  his  hospital 
ity  and  kindness  to  strangers,  for  they 
are  so  common  they  are  no  longer  es 
teemed  virtues ;  like  common  honesty, 
they  are  noticed  only  when  not  pos 
sessed. 

"  Nor  is  it  for  the  elegance  of  their 
manners  only,  that  the  South  Carolini 
ans  are  distinguished;  sound  morality 


CH.  XIV.] 


THE   COTTON   TRADE. 


529 


is  equally  conspicuous  among  them. 
Gaming,  so  far  from  being  a  fashionable 
vice,  is  confined  to  the  lower  class  of 
people ;  among  gentlemen  it  is  deemed 
disgraceful.  Many  of  them,  it  is  true, 
are  fond  of  the  turf;  but  they  pur 
sue  the  sports  of  it  merely  as  an 
amusement  and  recreation,  not  as  a 
business.  As  to  hunting,  the  country 
gentlemen  occasionally  engage  in  it,  but 
surely  there  is  nothing  criminal  in 
that." 

"The  ladies  of  Carolina,  I  confess, 
are  not  generally  as  handsome  as  those 
of  the  northern  states ;  they  want  that 
bloom,  which,  in  the  opinion  of  some, 
is  so  indispensable  an  ingredient  in 
beauty ;  but  their  paleness  gives  them 
an  appearance  of  delicacy  and  languor, 
which  is  highly  interesting.  Their  edu 
cation  is  perhaps  more  attended  to  than 
anywhere  else  in  the  United  States ; 
many  of  them  are  well-informed,  all 
of  them  accomplished.  For  it  would 
be  far  more  unpardonable  in  a  girl,  to 
enter  a  room  or  go  through  a  conge  un 
gracefully,  than  to  be  ignorant  of  the 
most  common  event  in  history,  or  the 
first  principles  of  arithmetic.  They 
are  perfectly  easy  and  agreeable  in 
their  manners,  and  remarkably  fond  of 
company ;  no  Charleston  belle  ever  felt 
ennui  in  her  life.  In  the  richness  of 
their  dress  and  the  splendor  of  their 
equipages  they  are  unrivalled.  From 
their  early  introduction  into  company, 
and  their  constant  and  unreserved  in 
tercourse  with  the  other  sex,  they  gen 
erally  marry  young." 

A  few  notes  of  the  progress  of  the 
cotton  trade  will  suffice  in  this  place. 
We  learn  that  by  about  1798,  indigo 


was  very  generally  given  up,  and  ceased 
to  be  grown  for  market.  But  the  real 
nature  of  the  new  staple  was  little 
known.  A  highly  respectable  farmer, 
looking  at  his  first  crop,  after  it  had 
been  housed,  exclaimed, — "Well,  well, 
I'm  done  with  the  cultivation  of  cotton ! 
Here's  enough  to  make  stockings  for  all 
the  people  in  America !"  More  remark 
able  is  the  fact  recorded  respecting  the 
sale  of  an  estate  by  William  Brisbane, 
in  South  Carolina.  It  was  White  Point 
plantation,  St.  Paul's  parish.  He  was 
so  successful  in  the  growth  and  sale  of 
his  crops  in  the  three  years  1796,  1797, 
and  1798,  that  he  rose  from  moderate 
circumstances  to  be,  in  his  judgment, 
sufficiently  independent  to  give  up  the 
toil  of  cultivating  the  earth ;  and  sold 
his  lands  to  William  Seabrook,  to  whom 
we  are  so  much  indebted  for  his  account 
of  this  trade.  The  price  was  declared 
by  many  to  be  ruinous,  but  with  the 
proceeds  of  the  crops  of  two  years,  the 
whole  was  paid !  Sea-Island  cotton 
sold  in  Liverpool,  in  1799,  at  from  five 
shillings  to  five  shillings  and  three-pence 
per  pound ;  but  in  Charleston  at  one 
shilling  and  four-pence  or  six-pence  per 
pound.  At  this  time  the  processes  of 
cultivation,  and  the  preparation  of  the 
material  for  the  market,  were  of  the 
most  slovenly  character,  and  so  com 
paratively  inexpensive;  but  the  small 
amount  of  the  produce,  compared  with 
the  quantities  now  grown,  made  the 
high  prices  less  profitable  in  reality, 
than  to  us  they  would  at  first  sight  ap 
pear  to  be. 

Wonderful  as  was  the  progress  of 
the  old  states,  on  the  Atlantic  seaboard, 
in  population,  wealth,  and  all  the  ap- 


530 


PROGRESS  IN   NATIONAL  PROSPERITY. 


[Ex.  IV. 


paratus  of  civilization,  during  the  ad 
ministrations  of  Washington  and  John 
Adains,  they  were  outstripped  and  left 
far  behind  by  the  states  beyond  the 
mountains.  And  the  marvellous  rapid 
ity  of  uprise  and  development  of  these 
republican  sovereignties,  is  exceeded,  in 
point  of  interest,  by  the  opportunity 
they  have  afforded  to  the  historian,  the 
statesman,  and  the  philosopher,  for  the 
study  of  the  phenomena  successively 
displayed  in  the  growth  of  a  state. 

In  1799,  Kentucky,  by  a  convention 
specially  summoned,  revised  its  consti 
tution.  "  The  General  Assembly  of  the 
Commonwealth  of  Kentucky,"  contin 
ued  to  be  composed  of  a  Senate  and  a 
House  of  Representatives.  The  latter, 
with  one-fourth  of  the  Senators,  were 
made  eligible  annually  by  the  people. 
The  governor  was  also  made  eligible 
by  the  people,  once  in  four  years ;  but, 
withal,  ineligible  for  the  seven  years 
succeeding  the  expiration  of  his  term 
of  office.  A  lieutenant-governor  was 
to  be  chosen  at  the  same  time ;  and  to 
him  was  assigned  a  position  and  duties, 
exactly  resembling  those  of  the  vice- 
president  of  the  Union.  The  Repre 
sentatives  were  never  to  exceed  a  hun 
dred,  nor  fall  below  fifty-eight,  in  num 
ber  ;  nor  were  the  Senators  to  exceed 
thirty-eight,  nor  fall  short  of  twenty- 
four.  Free  male  citizens  of  twenty-one, 
negroes  being  always  excepted,  resi 
dent  for  two  years  in  the  state,  and  for 
one  in  the  county,  were  invested  with 
the  right  of  suffrage. 

There  is  nothing  especially  worth 
notice  in  these  provisions.  But  it  is 
worthy  of  remark,  that  in  the  conven 
tion  sat  a  young  legal  practitioner,  who 


had  not  long  before  settled  in  the  state, 
and  was  a  Virginian  by  birth ;  who 
was  destined  subsequently  to  make  his 
mark  upon  his  country's  history.  This 
was  Henry  Clay,  who  signalized  him 
self  on  this,  his  first  public  appearance 
on  the  political  stage,  by  giving  his 
support  to  an  expression  of  "  the  deep 
hostility  of  a  respectable  minority"  of 
the  people  of  Kentucky,  against  slav 
ery,  in  the  form  of  "  a  plan  for  its  grad 
ual  and  safe  abolition."  It  was  pro 
posed  that  the  generation  then  in  bond 
age  should  so  remain ;  but  that  all  their 
offspring,  born  after  the  passage  of  the 
law,  should  receive  their  freedom,  on 
arriving  at  a  certain  age ; — and  it  was 
to  be  the  duty  of  their  masters  to  give 
to  them,  meantime,  such  instructions 
as  should  fit  them  for  the  contemplat 
ed  change  in  their  condition.  But 
though  founded  in  essential  justice,  and 
shown  to  be  essentially  safe  to  the  com 
monwealth,  the  people  of  Kentucky 
were  decidedly  hostile  to  these  great 
principles:  and  by  the  ardor  with 
which  he  upheld  and  enforced  them, 
the  rising  fame  of  Mr.  Clay  was  over 
cast  by  public  odium.  The  great  ma 
jority  of  the  members  of  the  conven 
tion  voted  against  any  change  in  this 
feature  of  the  existing  laws.  But, 
says  one  of  the  biographers  of  Clay,— 
"  his  own  conviction  of  the  justice  of 
his  cause  remained  unclouded,  and  his 
sympathies  for  the  slave  uncooled,  by 
marked  manifestations  of  the  popular 
displeasure, — always  so  chilling  to  the 
heart  of  young  ambition." 

To  the  conflicting  claims  of  the  fed 
eral  government,  on  behalf  of  the 
Union,  and  of  the  state  of  Georgia,  to 


Cn.  XIV.] 

tlie  territory  west  of  the  Chattahoo- 
chee,  reference  has  been  made  already. 
South  Carolina  had  formerly  claimed 
lands  lying  on  the  Mississippi,  in  the 
same  way  as  Connecticut  had  claimed 
lands  on  the  Ohio, — regardless  of  the 
fact  that  Georgia  lay  between  the  ter 
ritory  claimed  and  that  actually  pos 
sessed,  just  as  Pennsylvania  did  in  the 
latter  instance.  But  Carolina  ceded  to 
Georgia  the  claims  it  could  not  make 
good ;  and  left  that  state  to  carry  on 
the  dispute  with  the  government  of  the 
United  States. 

There  were  two  additional  circum 
stances,  which  not  a  little  increased  the 
complication  of  the  affair.  The  south 
ern  portion — the  northern  limit  of 
which  was  the  parallel  of  latitude  of 
the  point  at  which  the  Yazoo  entered 
the  Mississippi,  extending  from  this 
river  to  the  Chattahoochee — had  be 
longed  (so  the  federal  government  al 
leged)  to  West  Florida ;  and  therefore 
when  ceded  by  Great  Britain  by  the 
treaty  of  1783,  became  the  property 
of  the  nation,  and  not  of  the  particular 
state  which  happened  to  lie  nearest  to 
it.  And,  further,  good  part  of  this 
southern  portion  had  actually  been 
seized  by  the  Spanish  government,  and 
was  not  evacuated,  although  by  the 
treaty  of  Madrid,  in  1796,  it  had  been 
ceded  to  America. 

The  Spanish  governor  of  the  Natchez 
district,  on  various  frivolous  pretences, 
interposed  vexatious  delays,  and  tried 
severely  the  patience  of  Colonel  Elli- 
cott,  the  United  States  commissioner 
for  arranging  the  boundary  line  be 
tween  the  Spanish  colony  on  the  south 
and  the  United  States.  Not  until  the 


THE  MISSISSIPPI  TERRITORY. 


531 


29th  of  March,  1798,  was  Natchez 
itself  evacuated  by  the  Spaniards. 
And  the  orders  for  this  tardy  fulfil 
ment  of  the  treaty  were  kept  private, 
so  that  it  was  by  accident  alone  that  El- 
licott  knew  of  the  design ;  which,  as  if 
to  make  that  dishonorable  which  was 
not  so  in  itself,  was  put  into  execution 
in  the  night-time.  Very  early  on  the 
morning  of  the  30th,  the  commissioner 
rose,  and  going  near  the  fort,  perceived 
the  rear-guard  just  passing  the  gates. 
At  four  o'clock  all  the  Spaniards  were 
gone;  and  from  the  deserted  parapet, 
Ellicott  had  the  satisfaction  of  seeing, 

O' 

through  the  dim  twilight,  the  boats 
and  galleys  pushing  off  from  the  river's 
bank,  and  getting  under  way.  When 
the  sun  arose,  the  fleet  was  out  of  sight. 

'  O 

Georgia  had  already  taken  prudent 
counsel,  and  had  given  up  to  the  Unit 
ed  States  government  the  portion  we 
have  named ;  for  which  a  sum  of  money 
was  to  be  paid  at  once;  and  further 
moneys,  with  more  costly  trouble,  to  be 
expended  on  the  extinction  of  the  In 
dian  title  to  the  lands  lying  between 
the  line  from  the  Yazoo  to  the  Chatta 
hoochee,  and  Tennessee.  By  an  act  of 
Congress,  approved  on  the  7th  of  April, 
this  same  year,  this  tract  was  erected 
into  a  territory,  under  the  title  of  "  The 
Mississippi  Territory."  The  govern 
ment  was  based  upon  the  model  of  the 
North- Western  Territory ;  and  the  ques 
tion  respecting  the  admission  or  exclu 
sion  of  slavery,  was  earnestly  and  hotly 
contested.  Thatcher,  of  Massachusetts, 
supported  by  eleven  others,  fought  the 
battle  for  exclusion  with  zeal  and  cour 
age,  but  without  success. 

Winthrop  Sargent,  who,  as  secretary 


532 


PROGRESS   IN   NATIONAL   PROSPERITY. 


[BK.  IV. 


in  the  North-Western  Territory,  had 
experience  of  the  conduct  of  the  affairs 
of  a  state  in  its  nonage,  was  appointed 
governor,  and  he  arrived  at  Natchez 
in  the  following  August,  with  the 
judges  and  their  friends,  and  a  number 
of  emigrant  families  from  the  north  of 
the  Ohio.  By  about  April,  1799,  the 
organization  of  the  territory  was  com 
pleted.  There  were  then,  in  its  widely 
scattered  settlements,  exclusive  of  slaves 
and  Indians,  about  five  thousand  per 
sons.  The  only  channels  of  intercourse 
with  the  states  on  the  Atlantic,  was  by 
the  Mississippi  and  the  Ohio,  through 
Kentucky  and  Tennessee,  by  the  ocean ; 
or  by  the  solitary  Indian  trace,  which 
conducted  to  the  Cumberland  settle 
ments,  or  those  of  the  Oconee,  five 
hundred  miles  distant,  in  Georgia. 

By  the  next  year,  however,  the  pop 
ulation  had  increased  so  greatly,  and 
there  prevailed  so  much  dissatisfaction 
amongst  them,  in  consequence  of  "  the 
arbitrary  measures  of  Governor  Sar 
gent,  and  his  council,"  respecting  which 
repeated  remonstrances  were  presented 
to  Congress ;  that,  "  by  special  favor," 
an  act  was  passed,  "  authorizing  the  es 
tablishment  of  the  second  grade  of  ter 
ritorial  government,  at  an  earlier  pe 
riod  than  the  population  of  the  terri 
tory  would  authorize,  under  the  pro 
visions  of  the  ordinance  of  July  13th, 
IT 87."  A  House  of  Representatives 
was  elected,  accordingly,  and  the  mem 
bers  of  the  council  having  been  reap- 
pointed,  "the  General  Assembly  was 
organized  for  business  in  December." 
Arrangements  were  also  made  for  set 
tling  with  Georgia  concerning  its  claims, 
it  being  expressly  stipulated  in  the  act, 


that  Georgia  was  to  be  paid  only  out 
of  the  proceeds  of  land  sales  in  the 
Mississippi  Territory. 

Turning  our  attention  to  the  north 
western  region,  we  find  that  after  the 
close  of  the  Indian  war  and  the  restor 
ation  of  peace  to  the  harassed  settle 
ments,  the  tide  of  prosperity  began  to 
set  in.  The  inhabitants,  who  had  been 
for  five  years  confined  to  the  walls  of 
their  garrisons,  and  only  went  abroad 
with  the  fear  of  death  from  the  lurk 
ing  savage  continually  in  their  minds, 
now  gladly  went  forth  to  their  labors 
free  of  restraint.  Each  man  took  pos 
session  of  his  lands,  and  commenced 
clearing  and  cultivating  his  farm.  Mills 
were  erected,  roads  opened,  and  bridges 
built,  as  rapidly  as  the  sparse  popu 
lation  of  the  country  would  allow. 
Many  new  inhabitants  moved  into  the 
country  from  the  eastern  and  middle 
states,  induced  by  the  rich  soil  and 
temperate  climate  of  the  valley  of  the 
Ohio ;  while  the  Virginia  and  military 
lands  of  the  United  States,  called 
many  more  who  had  earned  an  interest 
in  the  bounty  lands,  by  their  services 
in  the  Continental  armies. 

The  intelligent  farmers  in  the  south 
east  quarter  of  Ohio,  soon  began  to 
reap  the  fruits  of  well-applied  industry. 
Domestic  manufactures  made  great  ad 
vances.  Hemp,  flax,  cotton,  and  silk, 
were  grown,  and  the  spinning-wheels 
and  looms  were  busily  used  by  the 
thrifty  inhabitants  of  that  fertile  re 
gion.  The  young  women  especially, 
entered  with  hearty  zeal  and  with  em 
ulation  into  those  labors  so  cheerful  to 
the  happy  home,  and  so  important  for 
the  comfort  and  enjoyment  of  life ;  and 


CH.  XIV.] 


THE  NORTH-WEST  SETTLEMENTS. 


533 


we  can  well  believe,  that  many  of  the 
fashionable  diseases  of  our  day,  were 
unknown  among  the  active,  lithe,  and 
industrious  daughters  of  the  west. 

Immigration  continued,  in  a  constant 
ly  increasing  stream ;  towns  sprang  up 
as  if  by  magic ;  tracts  of  demonstrated 
fertility  showed  more  than  a  sparse 
population ;  and  every  river  was  used 
as  a  high  road,  to  penetrate  deeper  and 
deeper  still  into  the  unknown  and  un 
tried  forest  regions.  The  "  Connecti 
cut  Reserve"  had  been  transferred  to  a 
Land  Company,  who  had  commenced 
the  material  improvement  of  their  pur 
chase  in  good  earnest;  but  being  em 
barrassed  respecting  the  jurisdiction, 
they  gladly  acquiesced  in  a  scheme  by 
which  that  responsibility  was  given  up 
to  the  United  States,  and  by  the  fed 
eral  government  vested  in  the  estab 
lished  territorial  polity  of  the  North- 
Western  Territory.  It  was  by  "  blazed 
traces"  that  the  remotest  settlements, 
not  situated  near  rivers,  still  communi 
cated  with  the  old  states ;  but  speedily 
these  became  dotted  all  along  with 
"improvements,"  and  a  cabin  and  a 
clearing  was  to  be  seen  every  eight  or 
twelve  miles,  as  far  as  they  extended. 

The  glory  of  the  old  forts,  with  their 
stockades  and  block-houses,  departed, 
and  the  defences  so  often  stoutly  con 
tested  against  the  Indians,  fell  into 
neglect,  and  in  time  disappeared.  The 
out-posts  were  such  as  Zanesville  is  de 
scribed  at  this  time  as  being ; — "  a  wil 
derness  house  of  entertainment,  near 
which  were  encamped  a  few  white 
hunters,  surrounded  by  Indian  wig 
wams,  occupied  by  the  native  savages, 
employed  in  hunting,  fishing,  trading, 
VOL.  II.— 67 


and  drinking;" — or  such  as  was  seen 
near  the  site  of  Columbus,  which  was 
then  covered  with  almost  impenetrable 
forest, — "a  number  of  newly-erected 
log-cabins,  without  chinking  or  daub 
ing,  and  having  only  a  blanket  in  the 
doorway,  instead  of  a  wooden  door." 

Detroit  had  now  become  the  centre 
of  a  yet  more  distant  cluster  of  settle 
ments  ;  and,  with  those  on  the  Maumee 
and  other  streams,  formed  part  of  the 
North- Western  Territory.  Down  the 
Wabash  and  the  Illinois  were  plain 
traces  of  the  French  pioneers  in  this  re 
gion,  and  the  inhabitants  retained  their 
attachment  to  the  Roman  Catholic  relig 
ion,  and  had  little  liking  for  the  more 
active  spirit  which  was  advancing  upon 
them  from  the  east.  During  the  sum 
mer  of  1798,  a  census  was  taken,  and 
it  was  proved  that  the  whole  number 
of  free  white  males  amounted  to  full 
five  thousand.  This  condition  entitled 
the  people  to  the  second  grade  of  terri 
torial  government.  On  the  29th  of 
October,  therefore,  Governor  St.  Clair 
issued  his  proclamation  for  the  choice 
of  twenty  Representatives,  (one  being 
allowed  to  every  five  hundred  male  in 
habitants,)  to  serve  as  a  lower  House. 
"  Those  elected  to  serve  in  this  legisla 
ture,"  says  Monette,  "  were  such  as  are 
not  excelled,  in  point  of  talent,  by  the 
members  of  any  legislative  body  in  the 
United  States,  even  at  this  late  day." 

Representatives  were  required  to  be 
citizens  for  the  previous  three  years, 
and  residents  in  the  districts  electing 
them ;  or  to  have  resided  in  the  district 
for  three  years ;  and  further,  to  be  pos 
sessed,  in  their  own  right,  of  the  fee- 
simple  of  two  hundred  acres  of  land 


534 


PROGRESS   IN   NATIONAL   PROSPERITY. 


[BK.  IV. 


in  it,  each.  Voters  were  required  to 
possess  fifty  acres  of  land,  and  to  be 
citizens  and  residents  in  their  districts 
for  two  years.  The  first  business  of 
the  House,  which  met  at  Cincinnati, 
in  January,  1799,  was  to  nominate  two 
persons,  each  a  freeholder  of  five  hun 
dred  acres ;  for  the  president  to  select 
five,  to  form  his  council ;  which  done, 
the  meeting  was  prorogued  till  the  fol 
lowing  September. 

The  "Pioneer  History"  sketches  the 
physical  toils  of  this  first  meeting, 
graphically  enough.  "This  meeting, 
at  an  inclement  season  of  the  year,  re 
quired  no  little  labor  and  privation  on 
the  part  of  the  Representatives  to  ac 
complish.  The  distance  they  had  to 
travel,  on  horseback,  was  from  two  to 
four  hundred  miles,  through  a  wilder 
ness;  carrying  their  provisions  and 
blankets;  camping  in  the  woods  at 
night,  a  part  of  the  time ;  swimming 
their  horses  across  the  streams,  and 
getting  through  the  forests  by  the 
'blazed'  trees,  or  the  compass,  as  they 
best  could.  There  were  no  roads  but 
bridle  paths,  or  the  old  trails  of  the 
hunters."  And  after  that  trifling 
amount  of  business,  they  had  to  re 
turn  "by  the  same  laborious  routes,  to 
be  again  travelled  over  at  a  more  tem 
perate  season  of  the  year,  and  when 
the  streams  of  water  were  at  a  lower 
stage." 

On  a  previous  page  (see  p.  500)  we 
have  recorded  the  active  efforts  made 
by  William  Henry  Harrison,  the  first 
delegate  from  the  territory,  to  induce 
Congress  to  fix  upon  a  systematic  plan 
for  the  sale  of  the  vast  unoccupied 
public  lands.  In  May,  1800,  the  act 


of  Congress  was  approved,  by  which 
the  western  part  of  the  territory  was 
separated  by  a  line  to  be  run  due  north 
from  the  entrance  of  the  Great  Miami 
into  the  Ohio,  until  it  should  intersect 
the  parallel  of  latitude  which  passes 
through  the  southern  extremity  of 
Lake  Michigan.  Detroit  was  thus  left 
to  the  old  north-western  government ; 
but  from  the  Great  Miami  westward 
to  the  Mississippi,  and  from  the  Ohio 
north-westward  to  the  sources  of  the 
"Father  of  Waters"  and  the  Lake  Su 
perior,  all  was  included  in  the  newly- 
organized  territory,  which  received  the 
designation  of  "  Indiana  Territory ;"  and 
Captain  Harrison  was  appointed  first 
governor,  and  "superintendent  of  In 
dian  affairs."  The  white  population 
at  this  time  scarcely  exceeded  five 
thousand  five  hundred  souls  through 
out  the  entire  region ;  and  was  more 
over  divided  amongst  three  settle 
ments, — Clarke's  grant,  at  the  falls  of 
the  Ohio;  the  old  French  settlement 
at  Vincennes,  on  the  Wabash ;  and  one 
on  the  Mississippi,  extending  from  Kas- 
kaskia  to  Cahokia.  The  aggregate 
number  of  Indians  was  more  than  one 
hundred  thousand. 

One  of  the  most  curious  affairs  relat 
ing  to  Tennessee,  was  the  impeachment 
of  Blount,  a  Senator  from  that  state, 
and  his  expulsion  from  Congress,  for 
the  treasonable  design  of  making  war 
upon  Louisiana,  in  conjunction  with  the 
Indians  of  the  vicinity  of  the  Missis 
sippi  and  the  British  from  Canada ;  to 
gether  with  his  subsequent  election  to 
the  governorship  of  the  state ;  but  our 
limits  do  not  admit  of  entering  into  de 
tails.  The  action  in  Congress,  as  con- 


CH.  XIV.J 


CLARKE  IN  NEW  ORLEANS. 


535 


tained  m  Senator  Benton's  "Abridge 
ment  of  the  Debates,"  is  well  worth 
the  reader's  attention. 

An  additional  treaty  with  the  Cher 
okee  Indians  arose  from  the  carrying 
out  of  the  provisions  of  the  treaty 
with  that  tribe,  signed  at  Houlston,  in 
1791.  It  was  discovered  that  a  consid 
erable  tract  of  land  had  been  settled 
by  immigrants  into  Tennessee,  the  In 
dian  title  to  which  had  never  been  ex 
tinguished.  At  Tellico,  therefore,  on 
October  the  2d,  1798,  it  was  agreed 
by  the  Cherokees  that,  for  the  consid 
eration  of  wares  to  the  amount  of 
$5,000  in  value,  with  an  annuity  of 
other  goods  to  the  value  of  $1,000 
over  and  above  what  had  been  agreed 
upon  before,  the  lands  in  question 
should  be  ceded  to  the  United  States. 
The  road  between  Cumberland  Moun 
tain  and  Cumberland  River  was  to  be 
left  open  by  the  Cherokees ;  who  were 
to  be  at  liberty  to  hunt  on  the  ceded 
lands,  "  until  settlements  should  make 
it  improper"  to  do  so. 

Beside  this  treaty  with  the  aborig 
ines,  we  may  here  mention  the  ratifica 
tion  by  President  Adams  of  the  treaty 
with  the  Creeks ;  the  treaty  with  the 
Senecas,  entered  into  by  Robert  Mor 
ris,  under  the  sanction  of  the  United 
States,  for  the  extinction  of  their  title 
to  a  tract  of  land,  sold  to  him  by  the 
commonwealth  of  Massachusetts,  but 
lying  within  the  state  of  New  York, 
for  the  sum  of  $100,000,  and  the  treaty 
by  which  the  Mohawks  relinquished  to 
New  York  all  their  claims  to  lands 
within  that  state. 

The  rapid  advances  of  the  great  re 
public  westward  and  south  ward,  greatly 


disturbed  the  equanimity  of  the  gov 
ernor  of  Louisiana.  Nor  was  his  jeal 
ous  apprehension  in  anywise  dimin 
ished  by  the  compulsory  relinquish- 
ment  of  the  Natchez  District,  which 
was  now  open  to  the  unrestrained  tide 
of  emigration  from  the  whole  west. 

About  the  year  1798,  the  first  regu 
lar  commercial  agent,  or  American  con 
sul,  was  recognized  in  the  city  of  New 
Orleans.  "The  French  privateers  had 
now  become  very  troublesome  to  the 
trade  of  the  United  States  in  the  West 
Indies  and  about  the  Gulf  of  Mexico. 
A  number  of  our  captured  vessels  were 
taken  into  the  port  of  New  Orleans, 
condemned  and  confiscated,  with  their 
cargoes,  at  a  trifling  price,  our  seamen 
treated  in  a  most  shameful  manner,.arid 
our  trade  otherwise  brought  into  great 
jeopardy.  This  subject  became  a  mat 
ter  of  serious  consideration;  and  the 
United  States  having  neither  consul  nor 
vice-consul  at  that  port,"  Colonel  Elli- 
cott,  (the  same  who  in  the  gray  dawn 
of  that  March  morning,  from  the  ram 
parts  of  deserted  Natchez,  had  the  sat 
isfaction  of  beholding  the  Spanish  flo 
tilla  silently  dropping  down  the  river, 
and  relinquishing  thus  their  last  hold 
upon  the  ransomed  soil  of  independent 
America,) — Colonel  Ellicott  procured 
from  the  new  governor,  Don  Gayoso, 
the  recognition  of  Daniel  Clarke,  jun 
ior,  as  provisional  consul  for  the  Unit 
ed  States,  until  the  president  should 
make  a  regular  appointment.  "  The 
firm  and  manly  conduct  of  Mr.  Clarke,'* 
we  are  glad  to  learn,  from  Ellicott's 
own  pen,  "  in  a  short  time  put  a  new 
face  upon  our  commerce  in  that  quar 
ter,  and  obtained  from  the  Spanish 


536 


PROGRESS   IN   NATIONAL  PROSPERITY. 


[BK.  IV. 


authorities  some  privileges  not  before 
enjoyed." 

"During  this  state  of  things,"  con 
tinues  Monette,  "the  intercourse  of 
American  citizens  in  Louisiana  was  free 
and  amicable,  and  the  increase  of  west 
ern  emigration  and  trade  greatly  aug 
mented  the  commercial  importance  of 
the  city  of  New  Orleans."  But  about 
the  close  of  the  year  1798,  an  import 
ant  change  occurred ;  the  king  revoked 
the  authority  of  commandants  to  grant 
lands ;  and  in  consequence,  the  follow 
ing  year,  "new  restrictions  were  im 
posed  upon  those  who  desired  to  estab 
lish  themselves  within  the  Spanish  juris 
diction.  All  former  privileges  permit 
ted  to  citizens  of  the  United  States 
were  discontinued,  and  many  of  the 
restrictions  relative  to  grants  of  land 
were  deemed  peculiarly  oppressive,  and 
framed  to  operate  specially  upon  the 
western  people." 

"But  the  most  ominous  act  of  the 
intendant,  for  the  peace  and  security 
of  Louisiana,  was  an  ill-advised  and  ar 
bitrary  interdict  of  the  right  of  deposit 
at  New  Orleans,  contrary  to  the  stipu 
lation  of  the  treaty  of  Madrid."  This 
so  grievously  annoyed  and  interfered 
with  the  trade  of  the  ultramontane  re 
gion,  that,  considering  what  intrigues 
the  dependence  of  the  new  settlers  in 
that  region  upon  the  Mississippi  as 
an  outlet  for  their  produce,  had  given 
rise  to, — and  what  dangers  threatened 
the  Union  from  that  quarter, — "the 
president,  swayed  by  the  popular  will 
in  the  west,  had  fully  determined  to 
take  such  measures  as  would  coerce 
the  Spanish  authorities  to  open  a  depot 
for  the  American  trade." 


This  rupture  of  the  amity  prevailing 
between  Spain  and  the  United  States, 
was  happily  prevented  by  the  course 
adopted  by  the  new  intendant,  Don 
Ramon  de  Lopez,  who  arrived  in  the 
latter  part  of  1799,  as  successor  to 
Gayoso,  who  died  in  the  summer  of 
that  year.  "The  right  of  deposit  hav 
ing  been  restored,  trade  and  free  inter 
course  had  again  taken  place,  and  gen 
eral  harmony  prevailed  between  the 
western  people  and  the  Spanish  settle 
ments  on  the  Upper  Mississippi,  as  well 
as  in  the  rich  and  productive  regions 
of  the  Delta.  The  bitter  animosities 
and  the  spirit  of  revenge,  which  had 
filled  the  western  people,  in  conse 
quence  of  former  duties  and  restric 
tions,  as  well  as  the  late  interdict,  had 
now  subsided  into  a  laudable  desire  for 
the  peaceable  acquisition  of  property, 
through  the  channels  of  lawful  trade 
and  enterprise.  This  state  of  mutual 
prosperity  and  friendly  intercourse  be 
tween  the  people  of  the  United  States 
and  those  of  Louisiana  continued,  with 
but  little  interruption,  for  nearly  two 
years,  until  the  second  interdict  in  the 
autumn  of  1802." 

It  was  on-  the  occasion  of  the  agita 
tion  against  the  alien  and  sedition  laws 
that  Henry  Clay,  whom  we  have  al 
ready  named  in  this  chapter,  achieved 
his  first  oratorical  triumph.  One  of 
his  biographers  speaks  thus  of  his  ex 
ploits.  And  mentioning  the  "resolu 
tions,"  he  says ; — "  The  same  was  dis 
cussed  at  public  gatherings  all  over  the 
commonwealth,  (of  Kentucky,)  by  the 
ablest  and  most  prominent  men  within 
her  borders;  but  among  them  all,  no 
one  acquired  greener  laurels,  or  spoke 


CH.  XIV.] 


HENRY  CLAY'S   ORATORY. 


537 


upon  the  subject  before  the  people 
with  greater  clearness  of  thought,  ear 
nestness  of  conviction,  or  eloquence  of 
appeal,  than  Mr.  Clay.  The  zeal  and 
effect  of  his  efforts  on  this  occasion,  in 
behalf  of  popular  rights,  gained  for 
him  the  proud  title  of  '  The  Great  Com 
moner,'  and  the  high  position  of  a  leader 
of  the  democratic  party  in  the  state. 

"  We  have  preserved  but  a  single 
anecdote  of  his  exertions  at  this  period 
of  his  life.  At  Lexington,  an  immense 
number  of  citizens  had  assembled  to 
listen  to  a  discussion  of  this  engrossing 
topic.  They  were  first  addressed  by 
Mr.  George  Nicholas,  one  of  the  most 
distinguished  orators  in  Kentucky,  in  a 
long  and  eloquent  speech,  which  drew 
forth  the  loudest  applause  of  that  great 
concourse.  In  obedience  to  the  loud 
and  repeated  calls  of  the  people,  Mr. 
Clay  appeared  upon  the  stand  and  ad 
dressed  the  multitude  for  more  than 
an  hour,  upon  the  designed  executive 
encroachments,  indicated  by  the  enact 
ment  of  the  particular  laws  they  were 
assembled  to  discuss.  He  thrilled 
their  hearts  by  his  vivid  description 
of  the  ruin  to  which,  under  the  weight 
of  the  high-toned  federal  doctrines  of 
the  administration,  the  country  was 
sinking,  and  appealed  to  them  with 
unequalled  power,  by  all  the  motives 
that  could  have  weight  with  the  hu 
man  heart,  to  rise  up  against  the  op 
pression  beneath  which  they  were  so 
fearfully  crushed.  He  ceased — and  his 
audience  remained  hushed  in  silence." 
A  worthy  and  respectable  man,  but  a 
strong  federalist,  Mr.  William  Murray, 
attempted  to  reply  to  the  young  repub 
lican  :  but  the  feelings  of  his  enrap 


tured  audience  "  were  too  intense  to 
endure  a  rude  assault,  and  driving  the 
speaker  by  clamorous  murmurs  from 
the  ground,  they  seized  Mr.  Clay  and 
his  colleague,  and  forcing  them  into  a 
carriage,  drove  them  in  triumph,  and 
amid  loud  shouts  of  rapturous  applause, 
through  the  streets  and  public  places 
of  the  village  of  Lexington." 

Of  the  result  of  the  movement  in 
the  legislature  against  the  constitution 
ality  of  these  laws,  we  have  spoken 
above  (p.  444.)  We  have  also  (p. 
527)  given  Mr.  Jefferson's  views  on 
the  subject  embraced  in  the  celebrated 
Kentucky  and  Virginia  Kesolutions,  in 
the  letter  which  he  addressed  to  Count 
Destutt  Tracy.  It  may  not  be  out  of 
place  in  the  present  connection,  to 
quote  from  another  letter  written  by 
the  same  gentleman  in  1821,  to  the 
son  of  Colonel  Nicholas,  wrho  had  been 
Jefferson's  coadjutor  in  this  Kentucky 
movement  for  nullification.  After  gent 
ly  expostulating  with  his  correspop^ 
ent,  for  placing  him  "  under  a  dilemma, 
which  he  could  not  solve  but  by  an  ex 
position  of  the  naked  truth,"  he  pro 
ceeds, — "  At  the  time  when  the  repub 
licans  of  our  country  were  so  much 
alarmed  at  the  proceedings  of  the  fed 
eral  ascendency  in  Congress,  .... 
they  concluded  to  retire  from  that 
field,  take  a  stand  in  the  state  legisla 
tures,  and  endeavor  there  to  arrest 
their  progress."  Then  telling  how  the 
alien  and  sedition  law  supplied  grounds, 
and  how  the  alliance  of  Virginia  and 
Kentucky  encouraged  the  attempt  ; 
how  Madison  acted  upon  the  resolu 
tion,  but  he  himself  did  not,  being 
vice-president ;  he  continues  : — "  Your 


538 


PROGRESS  IN   NATIONAL  PROSPERITY. 


[BK.  IV. 


father,  Colonel  W.  C.  Nicholas,  and 
myself  happening  to  be  together,  the 
engaging  the  co-operation  of  Kentucky 
in  an  energetic  protestation  against 
the  constitutionality  of  those  laws,  be 
came  a  subject  of  consultation.  Those 
gentlemen  pressed  me  strongly  to 
sketch  resolutions  for  that  purpose ; 
your  father  undertaking  to  introduce 
them  to  that  legislature,  with  a  solemn 
assurance,  which  I  strictly  required, 
that  it  should  not  be  known  from 
what  quarter  they  came.  I  drew  and 
delivered  them  to  him,  and  in  keeping 
their  origin  secret,  he  fulfilled  his 
pledge  of  honor.  Some  years  after 
this,  Colonel  Nicholas  asked  me,  if  I 
would  have  any  objection  to  its  being 
known  that  I  had  drawn  them.  I 
pointedly  enjoined  that  it  should  not. 
Whether  he  had  unguardedly  intimat 
ed  it  before  to  any  one,  I  know  not ; 
but  I  afterwards  observed  in  the  pa 
pers,  repeated  imputations  of  them  to 
me;  on  which,  as  has  been  my  practice 
on  all  occasions  of  imputation,  I  have 
observed  entire  silence."  He  then  soft 
ens  the  seeming  appearance  of  robbing 
his  correspondent's  father  of  the  glory 
of  preparing  these  resolutions,  say 


ing, — "  that  circumstance,  surely,  was 
of  far  less  merit  than  the  proposing 
and  carrying  them  through  the  legisla 
ture  of  his  state." 

With  these  glimpses,  in  this  chap 
ter,  at  different  points  of  interest  and 
value,  in  connection  with  the  onward 
progress  of  our  country  towards  wealth 
and  power,  we  may  properly  conclude 
the  present  Book,  as  well  as  the  sec 
ond  volume  of  our  history.  We  have 
traced  the  narrative  of  the  first  twelve 
years  of  the  constitutional  history  of 
the  United  States.  We  have  seen 
what  the  federal  party,  when  in  the 
majority,  were  able  to  accomplish. 
We  have  carefully  noted  the  decline 
and  fall  of  that  great  party,  and  the 
transference  of  power  to  the  hands  of 
their  rivals.  It  now  remains  to  us,  to 
enter  upon  the  history  of  the  adminis 
trations,  which,  beginning  with  Jeffer 
son's,  were  placed  in  charge  of  the  vast 
and  vastly  increasing  interests  of  our 
country.  It  will  be  our  effort  to  main 
tain  the  same  impartiality  and  faithful 
ness  to  the  truth  and  integrity  of  his 
tory,  which  have,  we  confidently  trust, 
stamped  their  impress  upon  the  pages 
already  before  the  reader. 


CH.  XIV.] 


STATISTICAL  TABLES. 


539 


APPENDIX    TO     CHAPTER    XIV. 


STATISTICAL   TABLES. 

IN  carrying  forward  the  history  of  the  United 
States,  we  have  endeavored,  during  its  progress, 
to  give  all  the  needful  facts  and  details  respecting 
the  commerce,  population,  revenue,  etc.,  of  our 
country.  It  will,  nevertheless,  we  think,  be  con 
venient  to  have  brought  together,  for  the  pur 
pose  of  contrast  as  well  as  comparison,  the  more 
important  statistics  connected  with  our  constitu 
tional  history,  down  to  the  close  of  John  Adams's 
administration. 

I.    POPULATION    OF    THE    UNITED    STATES. 

1.  CENSUS  of  1790. 


States. 

Free 
Whites. 

Other  free 
persons. 

Slaves. 

Total. 

Vermont  

85,268 

255 

16 

85539 

New  Hampshire  . 
Maine  

141,097 
96,002 

630 
538 

158 

141,885 
96540 

Massachusetts 
Khode  Island.     . 
Connecticut  .  .     . 

873,324 
64,470 
232,374 
814,142 

824 
3,407 

2,808 
4,654 

none 
948 
2,764 
21  324 

878,787 
68,825 
237,946 
840  120 

New  Jersey..  .     . 
Pennsylvania.     . 

169,954 
424,099 
46,308 

2,762 
6,537 
8899 

11,423 

3,737 

8  887 

184,139 
434,378 
59  094 

Maryland  

208,649 

8  043 

103  036 

319,728 

442,117 

12  866 

292  627 

747  610 

North  Carolina  .. 
South  Carolina..  . 

2S8.405 
140,178 
52  886 

4,975 
1,801 
398 

100,571 
107,094 
29  ^64 

893,951 
249,073 
82  548 

61,133 

114 

12  430 

73  677 

West'u  Territories 

31,913 

862 

8,417 

85,691 

3,176,419 

55,411 

697,696 

8,929,526 

2.   CENSDS  OF  1800. 


States. 

Free  Whites 
and  all  other 
free  persons. 

Vermont  

154465 

New  Hampshire  

183,850 

Maine  

151  719 

Massachusetts  

422,375 

Khode  Island  

6S  742 

Connecticut  

250  051 

New  York  

565445 

New  Jersey  

198  727 

Pennsylvania  

600  842 

Delaware  

58  120 

Maryland  

241  985 

Virginia  

539  181 

Kentucky  

180616 

North  Carolina  

844907 

199  440 

102  985 

92  018 

North-West  Territory  
Indiana  Territory  

45,80)5 

:-.:••«'< 

Mississippi  Territory  
District  of  Columbia  

5,361 
10,849 

M22,918 

Slaves. 

Total. 

'"s 

154,465 

1S3,S'5S 

151,719 

422,375 

'880 

69,122 

951 

251,002 

20,613 

586,058 

12,422 

211,149 

1,706 

602,548 

6,153 

64,273 

107,707 

849,092 

846,968 

886,149 

40,843 

220,959 

138,196 

478,103 

146,151 

845,591 

59,699 

162,686 

13,584 

105,602 

45,365 

'"iss 

5,641 

8,489 

8,850 

8,244 

14,098 

"896,849~ 

~5|819,762~ 

II.    COMMERCE    OF    THE    UNITED    STATES. 


Year. 

Value  of  Exports. 

Value  of  Imports. 

1791 

$19,012,041 

$52,200,000 

1792 

20,758,098 

81,500,000 

1793 

26,1(19,572 

81,100,000 

1794 

as,026,233 

84,600,000 

1795 

47,989,472 

69,756,268 

1796 

67,064,097 

81,486,164 

1797 

56,850,206 

75,879,406 

1793 

61,5-27,097 

68,551,700 

1799 

78,665,522 

79,068,148 

1800 

70,971,780 

91,252,768 

III.    RECEIPTS    AND    EXPENDITURES    OF    THE 
UNITED     STATES. 


Year. 

Receipts. 

Expenditures. 

1791 

$10,210,025  75 

$7,207,539  02. 

1792 

8,740,766  77 

9,141,569  67 

1793 

5,720,624  28 

7,529,575  55 

1794 

10,041,101  65 

9,802,124  77 

1795 

9,419,802  79 

10,485,069  65 

1796 

8,740,829  65 

8,367,776  84 

1797 

8,758,916  40 

8,626,012  78 

1798 

8,209,070  07 

8,613,517  68 

1799 

12,621,459  84 

11,077,043  50 

1SOO 

12,451,184  14 

11,989,789  92 

NOTE.— Against  the  year  1791  are  placed  the  receipts  and  expenditures 
from  March  4,  1789,  to  December  31,  1791. 

IV.    THE    FEDERAL    ADMINISTRATIONS. 
1.  THE  FIRST  ADMINISTRATION:  1789  TO  1797,  EIGHT  YEARS 

President. — George  Washington,  Virginia. 
Vice-President. — John  Adams,  Massachusetts. 

Secretaries  of  State. — Thomas  Jefferson,  of 
Virginia,  September  26,  1789;  Edmund  Ran 
dolph,  of  Virginia,  January  2,  1794;  Timothy 
Pickering,  of  Pennsylvania,  December  10,  1795. 

Secretaries  of  the  Treasury. — Alexander  Ham 
ilton,  of  New  York,  Spotembcr  11,  1789;  Oliver 
Wolcott,  of  Connecticut,  February  3,  1795. 

Secretaries  of  War. — Henry  Knox,  of  Massa 
chusetts,  September  12,  1789 ;  Timothy  Picker 
ing,  of  Massachusetts,  January  2,  1795 ;  James 
M'Henry,  of  Maryland,  January  27,  1796. 

Postmasters- General.  —  Samuel  Osgood,  of 
Massachusetts,  September  26,  1789;  Timothy 
Pickering,  of  Pennsylvania,  November  7,  1791 ; 
Joseph  Habersham,  of  Georgia,  February  25, 
1795. 

Attorneys- General. — Edmund    Randolph,   of 


540 


APPENDIX  TO   CHAPTER  XIV. 


[BK.  IV. 


Virginia,  September  26,  1789 ;.  William  Brad 
ford,  of  Pennsylvania,  January  27, 1794 ;  Charles 
Lee,  of  Virginia,  December  10,  1795. 

2.    THE  SECOND  ADMINISTRATION:    1797  TO  1801,  FOUR  TEARS. 

President. — John  Adams,  Massachusetts. 

Vice-President. — Thomas  Jefferson,  Virginia. 

Secretaries  of  Slate. — Timothy  Pickering  (con 
tinued  in  office;)  John  Marshall,  of  Virginia, 
May  13,  1800. 

Secretaries  of  the  Treasury. — Oliver  Wolcott 
(continued  in  office ;)  Samuel  Dexter,  of  Massa 
chusetts,  December  31,  1800. 

Secretaries  of  War. — James  M'Henry  (con 
tinued  in  office ;)  Samuel  Dexter,  of  Massachu 
setts,  May  13,  1800 ;  Roger  Griswold,  of  Con 
necticut,  February  3,  1801. 

Secretaries  of  the  Navy. — George  Cabot,  of 
Massachusetts,  May  3,  1798,  (declined;)  Benja 
min  Stoddert,  of  Maryland,  May  21,  1798. 

Postmaster- General. — Joseph  Habersham  (con 
tinued  in  office.) 

Attorney- General. — Charles  Lee,  of  Virginia, 
(continued  in  office.) 

V.    THE    SUPREME    COURT. 

Chief  Justices. — John  Jay,  of  New  York,  Sep 
tember  26,  1789 ;  John  Rutledge,  of  South  Car 
olina,  July  1,  1795,  (ratification  of  the  appoint 
ment  refused  by  the  Senate ;)  William  Cushing, 
of  Massachusetts,  January  27,  1796,  (declined ;) 
Oliver  Ellsworth,  of  Connecticut,  March  4, 1796 ; 
John  Jay,  of  New  York,  December  19,  1800, 
(declined  ;)  John  Marshall,  of  Virginia,  January 
31,  1801. 

Associate  Justices. — John  Rutledge,  of  South 
Carolina,  September  26, 1789 ;  William  Cushing, 
of  Massachusetts,  September  27,  1789 ;  Robert 
H.  Harrison,  of  Maryland,  September  28,  1789 ; 
James  Wilson,  of  Pennsylvania,  September  29, 
1789 ;  John  Blair,  of  Virginia,  September  30, 
1789;  James  Iredell,  of  North  Carolina,  Feb 
ruary  10, 1790;  Thomas  Johnson,  of  Maryland, 
November  7,  1791 ;  William  Patterson,  of  New 
York,  March  4,  1793 ;  Samuel  Chase,  of  Mary 
land,  January  27,  1796 ;  Bushrod  Washington, 
of  Virginia,  December  20,  1798. 


VI.    MINISTERS    TO    FOREIGN    COURTS. 

To  Great  Britain. — Gouverneur  Morris,  of 
New  Jersey,  commissioner,  October  13,  1789; 
Thomas  Pinckney,  of  South  Carolina,  minister- 
plenipotentiary,  January  12, 1792;  John  Jay,  of 
New  York,  envoy-extraordinary,  April  19, 1794 ; 
Rufus  King,  of  New  York,  minister-plenipoten 
tiary,  May  20,  1796. 

To  France.  —  William  Short,  of  Virginia, 
charge  d'affaires,  April  6,  1790;  Gouverneur 
Morris,  of  New  Jersey,  minister-plenipotenti 
ary,  January  12,  1792;  James  Monroe,  of  Vir 
ginia,  minister-plenipotentiary,  May  28,  1794; 
Charles  Cotesworth  Pinckney,  of  South  Carolina, 
minister-plenipotentiary,  September  9,  1796; 
Charles  Cotesworth  Pinckney,  Elbridge  Gerry, 
and  John  Marshall,  jointly  and  severally,  envoys- 
extraordinary  and  ministers-plenipotentiary,  June 
5,  1797 ;  Oliver  Ellsworth,  Patrick  Henry,  and 
William  Vans  Murray,  envoys-extraordinary  and 
ministers-plenipotentiary,  February  26,  1799; 
William  Richardson  Davie,  of  North  Carolina, 
in  place  of  Patrick  Henry,  December  10,  1799 ; 
James  A.  Bayard,  of  Delaware,  minister-pleni 
potentiary,  February  19,  1801. 

To  Spain. — William  Carmichael,  of  Mary 
land,  charge  d'affaires,  April  11, 1790;  William 
Carmichael  and  William  Short,  commissioners, 
March  16,  1792;  William  Short,  of  Virginia, 
minister-resident,  May  28, 1794 ;  Thomas  Pinck 
ney,  of  South  Carolina,  envoy-extraordinary,  No 
vember  24,  1794;  David  Humphreys,  of  Con 
necticut,  minister-plenipotentiary,  May  20,  1796. 

To  the  Netherlands. — William  Short,  of  Vir 
ginia,  minister-resident,  January  16,  1792;  John 
Quincy  Adams,  of  Massachusetts,  minister-resi 
dent,  May  30,  1794;  William  Vans  Murray,  of 
Maryland,  minister-resident,  March  2,  1797. 

To  Portugal. — David  Humphreys,  of  Connec 
ticut,  minister-resident,  February  21,  1791  ; 
John  Quincy  Adams,  of  Massachusetts,  minister- 
plenipotentiary,  May  30,  1796 ;  William  Smith, 
of  South  Carolina,  minister-plenipotentiary,  July 
10,  1797. 

To  Prussia. — John  Quincy  Adams,  of  Massa 
chusetts,  minister-plenipotentiary,  June  1,  1797. 


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